Search Warrants Flashcards
(11 cards)
When is a search warrant required?
Unless it’s impracticable…
You must have obtained a search before searching
a place, vehicle or other thing .
What does a search warrant authorize?
To enter and search any place, vehicle or other thing for evidential material
And respect to an offense punishable by imprisonment
What are the two grounds to apply for a search warrant?
- Suspect and offense punishable by imprisonment has been committed.
- A search will locate evidence of material with respect to that offense.
Who can apply for a search warrant?
Any constable
But not private individuals
Who’s approval do you need before applying for a search warrant?
Supervisor, rank, Sergeant or above
What are the two ways that you can apply for a search warrant?
In writing – preferable
Or orally-either fully or partially in writing
What three things must be satisfied before an issuer will authorize an oral search warrant application?
- A written application would result in delay that would compromise the search.
- Whether or not the one should be issued, can be determined by the oral communication.
- All required information is supplied to the issuing officer.
Where must written search warrant applications be made?
Through the online search and surveillance system
Should police reveal the identity of a informant or CHIS?
These details should be withheld
Under what circumstances can an issuing officer ask for the details of an informant?
Only to assess the credibility of the informant
And Whether there is a basis issuing the warrant
What happens if you want to apply for a search warrant
But you were concerned that evidential material may be destroyed if you don’t act quickly?
You can enter and secure the place or vehicle
And secure items
UNTIL
The SW is available
Expiry at six hours
