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What is a search warrant?
Who can apply for a search warrant?
How long does a search warrant last?
Why are search warrants important?
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Do police need a 'template' for a search warrant application?
Oct 7, 2020 · A search warrant is a written authorisation that allows an investigator to enter premises to search for material or individuals. Search warrants are usually issued by a court following an...
- Application for Search Warrant Under S.23 Misuse of Drugs Act 1971
Application for a search warrant under s.9 & Sch 1 Police...
- Application for Search Warrant Under S.23 Misuse of Drugs Act 1971
When planning a search, with or without a warrant, it is important to consider: proportionality. lawfulness. accountability. necessity. Consider whether the evidence can be obtained through less intrusive methods, such as voluntary disclosure or consent.
1.2 A justice of the peace may issue a search warrant granting powers of entry, search and seizure, e.g. warrants to search for stolen property, drugs, firearms and evidence of serious...
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- Appreciate The Significance of Search Warrants
- Pace Matters
- The Information Must Contain The Entire Basis For The Application
- The Applicant Officer and The Magistrate Must Keep A Record of Proceedings
- Give A Full Brief Prior to Executing The Warrant
- Evidence Checklist Compliance
- Always Supply A ‘Copy’ of The Warrant
- Exercise Caution When Using Templates
- Conclusion
At every stage – from preparing for, to applying for, to executing a search warrant – it must be remembered that search warrants are a serious interference with the rights of the subject. The right to private life is enshrined in Article 8 of the European Convention on Human Rights (ECHR). Even before the Human Rights Act 1998 came into force, Lord...
The Police and Criminal Evidence Act (PACE) 1984 sets out clear rules covering how a search warrant application should be made in the magistrate’s court. A breach of those rules – however trivial it might seem – will result in the search warrant being void ab initio, ie, from the outset. All action taken pursuant to the warrant will be unlawful, ev...
Section 15(3) of PACE 1984 requires a search warrant application to be supported by an Information in writing. In Austen v Chief Constable of Wiltshire [2011] EWHC 3385 (Admin) the Court said that “[t]he necessary foundation for the issue of the warrants should be on the face of the information unless there are good reasons for not including it the...
There are two circumstances in which information additional to that in the written Information might be given orally to the magistrate/district judge. First, if new information arises after the Information is produced. Second, in response to one of the magistrate’s questions, which the applicant officer must answer (see s15(4) of PACE). The courts ...
An officer may seize anything covered by a warrant (unless subject to legal privilege) and a search may only be a search to the extent required for the purpose for which the warrant was issued (PACE Code B paragraph 7.1 and PACE s16(8)). For those reasons (and more), it is imperative that every member of the search team: (i) has been assigned, and ...
PACE s16(5) should be kept in mind at the start and end of every search: it is simple, straight-forward and easy to comply with. But it is also easy to fall into error. Where the occupier is present, the constable must: (i) identify himself to the occupier and, if not in uniform, produce documentary evidence that he is a constable; (ii) produce the...
‘Supply’ almost certainly requires the occupier to be given their own ‘copy’ of the warrant. Section 15(6) prescribes what ‘the copy’ should contain. If the ‘premises to be searched’ or the ‘articles or persons sought’ feature in separate schedules (as they often do) they must both – warrant plus schedule – be provided in full. Taken separately, ne...
The courts have become increasingly strict in their scrutiny of warrants and require meticulous compliance with s15 and s16 PACE. This has encouraged a number of Forces to produce ‘templates’ for officers making search warrant applications. Templates should always be used with caution. Following them to the letter does not mean that the search warr...
There has been an increase in the number of legal challenges to search warrants over recent years. The result of these challenges is inevitably disruption to the investigation and costly litigation. Search warrants are a complex area, rich with avenues for legal challenge. It is essential to follow the rules in PACE 1984 s15 and s16, the guidance i...
Jan 14, 2023 · A search warrants lasts for three months in England and Wales. This means the police or other investigatory authority has three months to conduct the search as permitted on the warrant, starting from the date of issue. If the warrant expires, another application must be made.
A search warrant is a document issued by a magistrate or judge (“the issuing authority”) to a police officer or other investigator. A search warrant grants legal authority to enter...
Aug 19, 2024 · How does the power work – search and seizure warrants? A warrant authorising a police officer to enter premises and search for and seize evidence can be sought where the above conditions are met.
