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Entry, Search and Seizure
Terms in this set (18)
What needs to be set out in s15 application?
- ground on which he makes application
- enactment under which issued
- entry and search on more than once occasion? Grounds and unlimited entries or max number
- articles/persons sought
- each set of premises desired to enter and search
- person in occupation/control
- why necessary to search more but no practicable to specify
s16 execution main points
- no premises which are not specified may be entered unless INSPECTOR has authorised in writing
- must be executed within 3 MONTHS of issue
- a warrant shall be retained for 12 MONTHS from return
what is 'premises' under this act?
includes any place/vehicle/vessel/aircraft/hovercraft/offshore installation/renewable energy installation/tent or moveable structure
describe the purpose of a s8 warrant
- reasonable grounds for believing indictable offence committed
- material on premises likely to be of substantial value to investigation
- does not consist of legal privilege, excluded material or special procedure
What are the 4 special conditions for entry under s8 warrant?
1. not practicable to communicate with someone entitled to grant entry
2. not practicable to communicate with someone entitled to grant access to evidence
3. entry not granted unless warrant produced
4. purpose of search frustrated unless can grant immediate access
What is the exception to 'legally privileged material'?
items held with the intention of furthering a criminal purpose
What is 'excluded material' and how can it be gained?
Gained by applying to judge for production order
- personal record acquired in course of trade, business, profession, paid/unpaid office
- human tissue or tissue fluid
- journalistic material
- medical/dental records
what does s17 allow?
power of entry to arrest, execute a warrant of arrest, arrest for indictable offence, recapture someone unlawfully at large, saving life or limp, preventing serious damage to property.
What is essential for an execution of power under s17?
reasonable grounds to BELIEVE person sought is on premises.
(EXCEPT in cases of saving life/limb)
What power does s32 provide regarding premises?
- search of any premises where person was arrested or where they were immediately before
- any parts of premises which person uses in common with any other living in dwelling
- INDICTABLE OFFENCES
- In relation to evidence of the offence for which the person was arrested - and ONLY this
When can a s32 not be used in relation to premises?
Where arrested person had not been in the relevant premises for period of over 2 HOURS preceding arrest
what does s18 provide powers for? Who authorises?
- entry and search of premises occupied/controlled by person who under arrest for indictable offence (suspicion NOT enough in this regard)
- reasonable ground to SUSPECT there is evidence relating to that offence
- or connected/similar indictable offence
- seize and retain
- authorised by INSPECTOR
What is the protocol of a s18(5)
presence of the person is necessary for investigation. INSPECTOR must be informed as soon as practicable after search
Describe the powers provided by s19
- officer (lawfully on premises) may seize if he has reasonable grounds for BELIEVING:
- has been obtained in consequence of commission of offence
- necessary to seize in order to prevent being concealed, lost, damaged, altered, destroyed
- it is evidence relating to offence he is investigating OR ANY OTHER OFFENCE
How long may seized property be retained for?
As long as necessary in the circumstances. Use as evidence in trial, forensic examination, further investigation
What is the protocol in relation to searching shared accommodation?
Should not be the consent of the landlord alone, but also occupiers. Officer should provide as detailed information on purpose of search as possible
what is the similarity and distinction between s32 searches?
reasonable grounds for BELIEVING (both)
s32 premise - INDICTABLE
s32 person - any offence
Who authorises a search warrant and what happens if they are not available?
An INSPECTOR. If one is not available, in urgent cases the senior officer on duty can authorise