Search Warrants Flashcards
(24 cards)
What are the seven steps of the search warrant process?
- Gain prior approval
- Gain online approval
- Gain issuing officer authorisation
- Plan and brief search warrant execution
- execute search warrant
- report outcomes
- file investigation records
What are alternatives to applying for a search warrant in person?
- Oral search warrant
- search warrant via phone or email
- secure the scene - S117
What must be done before making an on-line SW application?
- RGTS offence
- RGTB EM will be found
- Checked targets search warrant history
- assessed the risks
- initial approval
Any search warrant is risky. These risks must be….
Identified, Assessed, Considered in planning how you execute the SW
What powers does s117 offer?
- If a search warrant is about to be made or has been made and you are waiting to hear if it has been authorised and
- RGTB EM will be CADD or removed
You may:
- enter and secure a place, vehicle or other thing
- secure any item found there and
- direct any person to assist with entry and securing the place or vehicle or securing things in it
How long can you exercise powers under s117?
- the expiry of 6 hours from when the power is exercised
- the warrant is available for execution at that place or vehicle or in respect of that other thing
- the application for a search warrant is refused
Who can be an issuing officer?
- District Court Judge
- High Court Judge
Or any person authorised by the Attorney General such as:
- JPs
- CMs
- Registrar
- Deputy Registrar
An issuing officer may put restrictions on a search warrant including:
- restricting the time when the search warrant can reasonably be executed
- requiring the occupier or person in charge of a place to provide reasonable assistance to the officer executing the search warrant
- requiring a report on the search warrant within a specified time
Whent he issuing officer does not sign the search warrant you should…
- record the issuing officers reasons for refusing to sign
- consider the issues raised and if possible re-draft the application, ensuring you have address these issues
- re-submit the application to the same issuing officer
If issues with a issuing officer signing a warrant cannot be addressed you should
- make further enquiries to support (or otherwise) the application
- consider whether to continue your investigation without conducting a search
- if the reasons for not signing the search warrant do not seem justified, sub a report to legal services for direction
Who may execute a search warrant?
The person to whom it is directed or any constableH
How long is a search warrant valid?
14 days or no more than 30 if you have justified why this is nessecary and the IO is satisfied
When can a search warrant be executed?
- at any time that is reasonable under the circumstances or
- at a restricted time required by the IO as a condition of execution
When is a search warrant executed?
- seized the EM specified in the warrant
- leave the place, vehicle or other thing to be searched and do not return within 4 hours
How often can a search warrant be executed?
- once unless
- more than one execution is applied for, justified and authorised in the search warrant. You must detail the reason for multiple entries
When can you postpone your obligation to provide a copy of a search warrant?
if providing a copy of the search warrant or inventory would:
- Endanger the safety of any person
- prejudice on-going investigations
You may apply to a judge to postpone your obligation to provide a copy of the SW
When must an application be made to postpone obligations to provide a copy of the search warrant?
- at the time of the search warrant application or
- before 7 days has passed after the search warrant execution
How long can a judge postpone search warrant obligations?
Up to 12 months.
What should a person in charge of a search warrant briefing do?
- Ensure all required staff are present
- Reinforce verbal information given with visual prompts
- use maps, charts, diagrams, photographs
- provide copies of all-important documents
- ensure all staff present are clear about their roles and responsibilities
- identify and advise staff of what they can record in their notebooks during the briefing as all entries may be disclosable
What is SS12 s19?
Search of persons in relation to MoDA75 offence search warrants
What is SS121 s121?
Stopping a vehicle for the purposes of a search
What is SS12 s127?
Search warrants to enter and search vehicles
What is SS12 s112?
Items of uncertain status
What is SS12 s123?
Items in plain view
