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13 Cards in this Set

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Where a member of the police force makes an application for a Drug Search Warrant, as a supervisor, what planning should you advise them to do?
1. Assess the reliability and currency of the information

2. Assess other information and intelligence regarding the occupants, suspects, and actual premises

3. Assess persons who may be affected by the search, ie – frail, children

4. Assess safety risks to all persons and consider threat level
How long is a S117 search warrant valid for?
(b) the date, not being a date later than 14 days after the date of issue of the warrant, upon which the warrant ceases to have effect.
How must information for a S117 search warrant be given?
On oath.
What must a Police Officer believe before applying for a S 117 search warrant?
that there are reasonable grounds for believing that anything connected with an offence may be
concealed on the person of,
in the clothing that is being worn by
or
in any property in the immediate control of,
a person
Who may issue a S117 Search Warrant?
A Justice.
Who may the S117 Search Warrant be issued to?
A member of the Police Force named in the warrant.
What are Police authorised to do under a S117 Search Warrant?
enter and search the place and seize anything relating to an offence found in the course of the search at the place.
What must a Justice issuing a S117 Search Warrant be satisfied of before issuing the warrant?
(a) the information sets out or has attached to it a written statement of the grounds upon which the issue of the warrant is sought;
(b) the informant or some other person has given to the justice, either orally or by affidavit, such further information, if any, as the justice requires concerning the grounds on which the issue of the warrant is being sought; and
(c) there are reasonable grounds for issuing the warrant.
What particulars should a justice set out in the S117 Search Warrant?
(a) the purpose for which the search or entry is authorised;
(b) a description of the nature of the things authorised to be seized; and

(c) the date, not being a date later than 14 days after the date of issue of the warrant, upon which the warrant ceases to have effect.
How and when can application be made to withdraw a S117 Search Warrant?
A member may, at any time before a warrant issued under subsection (1) or (2) is executed, make application to a justice to withdraw the warrant.
What section of the Police Administration act authorises a member to conduct a search without a warrant?
S119
Under what circumstances can Police carry out a search without a warrant?
in circumstances of such seriousness and urgency as to require and justify immediate search or entry without the authority of an order of a court or of a warrant
What may Police do under S119 of the Police Administration act - (Searches without a warrant)?
(a) search the person of, the clothing that is being worn by and property in the immediate control of, a person reasonably suspected by him to be carrying anything connected with an offence; or
(b) enter a place at which he believes, on reasonable grounds, that anything connected with an offence is situated and search the place.