Know About The Execution Of Search Warrants By The Australian Federal Police

A Search Warrant can be defined as an official court order issued by a judge or magistrate. It authorizes the police to enter a specific location and conduct a search in its premises within a certain time period to investigate criminal matters and gather evidence. A search warrant can also be issued as a preventive measure to stop a crime from happening.

In the country of Australia, search warrants are governed by individual state and territory legislation. There are also specific sets of rules for the issuance of search warrants concerning Commonwealth crimes in Australia. If a search warrant has been issued in your name or someone you know, then you need to have sufficient knowledge about criminal law and search warrant lawyers who can help you with your case.

Conditions When A Search Can Be Conducted

The police bodies of Australia hold discretionary rights to search any individual’s property when they have a search warrant issued by the court on their hands. Under the following circumstances, they can officially conduct a search in an individual’s premises:

• • When the individual being investigated has given his/her consent for the search

• • When the police have reasonable suspicion and sufficient information, they can enter the premises to detain the accused

• • When the police have a proper and detailed search warrant against the accused

• • In case of emergency, to stop a crime from happening and/or when a person is injured

In specified circumstances, the police also hold the right to conduct a search without any search warrant. On the issuance of a warrant, the police in all jurisdictions have the permission to use as much force as necessary to enter any premises and search the place and relevant persons.

Commonwealth Crimes & State and Territory Crimes

Commonwealth crimes refer to the crimes that fall under the law-making responsibilities of the Australian government. The State and Territory crimes fall under the law-making responsibilities of the respective state and territory governments.

• • Commonwealth search warrants permit police officials to search a person’s premises, vehicles, or body. In emergency situations, warrants can also be issued over telephone calls.

• • Commonwealth search warrants remain valid for seven days. State and Territory search warrants vary from state to state and have different qualifying conditions.

For example, search warrant lawyers of Perth can protect the rights of an individual of Perth as dictated by the government of Western Australia (if the crime does not come under the legislation of WA), but will not be able to do so for an Adelaide resident (if the crime is included in South Australia’s legislation).

Search Warrant Execution Procedure of AFP

Australia’s various state and territory legislation have different sets of conditions on which the corresponding police bodies can apply for a search warrant. A specific set of conditions also governs the Australian Federal Police (AFP ) to raise a search warrant.

The AFP conducts its search investigations and operations independent from the Australian government. The execution of search warrants by the AFP primarily consists of four phases – Evaluation, Preparation, Execution, and Post Execution. Let’s see how each of these words:

Evaluation

• • In this phase, all the information and the availability of the resources in-line with the investigative strategy are assessed, and a decision is made whether or not the search warrant is considerable.

• • The member must identify and apply the appropriate legislation being criminal, civil, or inquest.

• • It must be decided if the search warrant is the most appropriate way for obtaining evidence or not.

• • The decisions taken must be justified and recorded.

Preparation

• • In this phase, the necessary administrative and legislative processes are carried out to obtain a search warrant. A plan is also developed for execution.

• • While preparing a search warrant execution, the member must comply with legislation concerning the application and issuing of a warrant.

• • The viability of executing the search warrant must be continually determined.

• • An executive plan must be established.

Execution

• • It is the most crucial phase where the search is executed to obtain the evidence.

• • While executing the search, the warrant holder must ensure the integrity of the evidence obtained from the search to maximize admissibility.

• • The warrant holder must comply with the relevant legislation.

• • It must be ensured that the warrant is carried out with proper command and control.

Post Execution

• • All the information and evidence are examined, recorded, and communicated in this phase.

• • It also consists of the acquittal of legal, administrative, and investigative requirements that have arisen from the execution of the warrant.

Various people work in different roles who carry out the search warrant execution. To name a few are – Case officer, Warrant holder/Executing officer, Warrant team leader, Property Officer, Search Coordinator, Searchers, Arrest officers, Communications officer, etc.

The Role Of Criminal Lawyers In Search Warrants

In case you have been charged with a search warrant, or you know someone who is going through police searches, then it is advisable to consult criminal defence lawyers Perth who will provide necessary legal advice and fight the case on the defence’s behalf.

The different Australian state and territory authorities have different prerequisites that should be met before they conduct a search anywhere. So, in case of unlawful issuance of a warrant, the defence lawyers can put forward the terms and conditions of the respective legislation that protects an individual’s right and deem the warrant as illegal.

Final Thoughts

A search warrant is an essential tool in possession of the police authorities to conduct the necessary investigation and collect evidence. It is very useful when used judiciously and can help combat crimes and even prevent them before they happen.

Still often, it happens that a search warrant is issued just out of suspicion, and it results in the violation of an individual’s privacy and makes the person go through unnecessary legal procedures. Consulting criminal defence lawyers is advisable in such situations. They can lodge a suitable application to the court, laying down the case in detail and demanding the court review its decision.