What is
a Search Warrant?
A ‘Search
Warrant’ in simple terms is an order (given from a Judicial Officer either
a Magistrate or a Judge) which basically gives the police the power to enter a
premises which is nominated in the Warrant and search that premises.
When the police
apply for a search warrant, they must give that judicial officer reasons as to
why they believe they will locate evidence on that premises. If the judicial
officer issues the warrant, then they must record reasons as to why they had
granted the issue of the warrant. Alternatively, if the judicial officer
refuses to grant the warrant, then they must also record their reasons as to
why they did not grant the issue of the warrant.
What is
the duration of a Search Warrant?
A Search
Warrant lasts for 3 days unless the search warrant is extended by the judicial
officer.
Can the
police enter my property without a Search Warrant?
If the police
don’t have a Search Warrant, then they can only enter your premises if you
allow them to or if the police believe a person of interest is inside who they
must arrest or if the police are of the belief that there is a crime in
progress. Did you know that there are extra police powers when a
search warrant is in relation to a premises which the police believe to be used
for selling or even making of illegal drugs?
What is
a ‘Covert Search Warrant’?
These types of
Warrants are Warrants which can be executed without the actual knowledge of the
Owners or Occupier(s) of the premises. An application for this warrant must be
made to a Judge of the Supreme Court and it must also be made by a police
officer with a rank of Superintendent or above. Did you know that a Covert
Search Warrant allows the police to search any adjacent premises without notice
and they also allow the police to impersonate any person so that they are able
to gain entry? This warrant can be executed within 10 days of it being granted
by the Judge.
How do
police execute a Search Warrant?
When police
execute a search warrant, this means that the police are actually
carrying out the Search Warrant. If the police have a Search Warrant
(apart from a Covert Search Warrant), then police must say that they have a
Search Warrant and that they are there to conduct a search of the premises.
It is critical
that police comply with terms of a Search Warrant (apart from a Covert search
warrant) as search warrants cannot be executed during night-time unless the
police are in fact authorised in the Search warrant.
It should also be
noted that once police have a valid search warrant and once police demand entry
into a premises then they are allowed to come into that premises. The search
warrant can be videotaped, and police can search all the premises as described
in the search warrant and police are also able to seize any item which is named
on the warrant as well as any piece of evidence which the police believe is
connected to the offence which is named on the warrant (As well as any other
offence).
If for any
reason entry is refused by the occupier of a premises, then police may use ‘reasonable
force’ to enter the premises and it is a criminal offence to obstruct
police when they are executing a search warrant.
Did you know
that if the police don’t follow the correct procedure during the execution of a
search warrant, then the court could rule that the warrant as well as the
search is invalid? If that is the case, then this means that any
evidence which has been collected by the police during the execution of the
Search Warrant was done so unlawfully and the court might refuse to include it.
What is
an Occupier’s Notice?
An occupier’s
notice must be given by the police to a person who is at the premises. The
occupier’s notice must be handed to the occupier of the premises if they are
over the age of 18. The occupier’s
notice will set out the details of the subject warrant.
*This article
correctly reflects the Laws of NSW as at 10th
May 2022.
*It should be noted that this page or any other pages on our website (including any other social media platforms for Nicopoulos Sabbagh Lawyers) are not to be considered as a substitute for legal advice or even other professional advice. It should also be noted that accessing of this information from this website does not create a client-lawyer relationship.