A Search Warrant under Queensland Laws - Essay Example

Insert 2 Part A A search warrant under Queensland laws is an official document issued by a Magistrate, Justice or Judge entitling the police to enter the premise or place listed on the Search Warrant and stay for a reasonable time necessary to search the place or premises in order to find the item that has been listed on the Search Warrant. In Queensland legislations, the law that governs a Search Warrant is the Police Powers and Responsibilities Act 2000. In Section 151 of the Act, a law officer may obtain a Search Warrant from the court where he/she has proof of related evidence at the place or premise indicated in the search warrant. Under Section 151, In order for a police officer to obtain a search warrant, the officer must personally appear before a magistrate or a judge. The police officer must present information to the judge/magistrate that there is probable cause to believe that a search to the suspect premise would yield evidence related to a crime. The police officer must fill out an affidavit stating the person to be seized and searched, the premise or place to be searched and the items sought. The affidavit should contain information that establishes the ground for the search warrant. When a police officer signs the affidavit, the police swear that the statements indicated in the affidavit are true and that to the best of the officer knowledge. The Act that deals with Search Warrant contain many provisions including: Chapter 2 which touches on general enforcement powers, Chapter 15 which deals with powers and responsibilities relating to investigations and questioning for indictable offences and Chapter 17 forensic procedures. Under section 118 of the Police and Responsibilities Act, the police officer doing the search is supposed to provide the suspect with a Search Warrant. The Search Warrant should ensure the suspect name and address are listed correctly. Additionally, under section 115 a Search Warrant is only valid for 7 days after it has been issued by the court. Part (B) b (i) b (ii) Reasonable Suspicion (100 words) Under Responsibility Act 2000, Section 21, a law enforcement officer can search a person without arresting that person. This section of the law gives a law enforcement officer power to “stop, search and detain” any person the law enforcement officer “reasonably suspect” might be in possession of drugs. Under Section 36, the police can search a motor vehicle if they have a similar reasonable suspicion that the vehicle is carrying drugs. In DPP vs. Darby (2002) QLD, The defendant was searched outside a pub after a police sniffer dog had given indication that he was in possession of controlled drugs. The judge ruled that the police dog’s sniffing did not amount to a search. The court found the police dog’s reaction was a basis for forming a suspicious by the police. Briefing Insert 3: (400 words) Execution/Seizure/Handling of Exhibits Insert 4: 500 words a. Execution Stage Under Police Powers and Responsibilities Act, Section 118, a law enforcement officer must have a search warrant when entering a premise that he/she suspects a criminal activity is going on at the premise. When we were conducting a drug assessment, the whole search procedure was videotaped. The sample drug that was found at the suspect was placed in a container, then it was fasten and sealed. The container was the marked or labeled for future identification. On reaching the police station, a sample was taken for testing in a lab. b. Seizure of Evidence Identify what powers you used to seize evidence (distinguish between seizure of property under s. 157(1)(h) PPRA, and s. 196 PPRA) Under Section 196 of the Police Powers and Responsibilities Act 2000, a law enforcement officer has power to seize evidence. If a law enforcement officer in a public place or lawfully enter a premise, and find a thing the law enforcement officer reasonably believe or suspect is evidence of the commission of an offence, the law enforcement officer has been given power to seize the thing, if the law enforcement officer is acting on a warrant or not as evidence under a warrant, whether or not the offence is one in relation to which the warrant is issued. Under Section 157 (1) of the Police Powers and Responsibilities Act 2000, a law enforcement officer is required to exercise what is stated in the search warrant power. The power that can be found in s. 157 (1) PPRA include: (1) power to enter the premise (relevant place) that have been stated in the search warrant; (2) power to search the relevant premise for anything sought under the warrant; (3) power to open anything in the relevant premise that is locked; (4) power to pass through, over, under and along another premise to enter the relevant place stated in the warrant; (5) power to detain anyone at the relevant place; (6) power to dig up land; and (7) power to remove wall or ceiling linings or floors of a building, or panels of a vehicle, to search for warrant evidence or property. c. Exhibit Handling Drug Offences In the table below, you should: In the first column list the elements of the most serious drug offence you proceeded with; In the second column, discuss the relevant legislation, case law, definitions required to prove EACH and EVERY element; In the third column, discuss the evidence you have obtained or would need to obtain to prove EACH and EVERY element e.g. statement from complainant claiming ownership and identifying they are currently residing at the dwelling – think about what Police evidence you would need to provide when putting together a full brief of evidence). Act Section Short Title Element Legislation/Case Law Evidence Obtained/Required Court-Related Issues Insert 6: 500 Words – Four PARTS Part A: ACTION TAKEN (200 Words) Drug diversion give a drug offending person with a chance to divert from charges being brought against that person, but instead that person will agree to enter into treatment program to address his/her alcohol or illicit drug-problem. Under Queensland legislations, the eligibility criteria and disqualifying criteria have been documented in the Drug Court Regulations 2006 and the Drug Court Act 2000. In Queensland, Court-based drug diversion program eligibility criteria have been found to differ between programs, but the following are generally applicable: (1) offending person must be eligible for bail or release into the community; (2) offending person must have a demonstrable illicit drug problem that is related to their offending; (3) offenders must not be facing charges of drug trafficking, sex or violent offences; and (4) offending person must not already be on another court order with a drug treatment component. I arrested an individual with possession of up to 50 grams of marijuana or cannabis. As a law enforcing officer, I started by explaining the consequences of agreeing to go to the diversion program. When the offending person agreed, I gave his an acceptance form (stating specific date, time and place), but after explain to the offending person that if he misses he will be breaking the law (charged with contravening a direction or requirement of a police officer). The DDAP was successful because the teaching the offending person (who was a student) he learned in the program helped him to pass the same information to his friends at school. . Part B: INFORMANT IDENTIFICATION (100 Words) The junior officer will be committing a criminal offence if he includes the name of drug informer on a search warrant application, and the maximum penalty for that offence is 5 years. In s. 119 of Drug Misuse Act 1986 (protection of informers), when a person provide information, that person identity shall not be revealed to a third party, and if the name is revealed, the reveling party is guilty of a crime. In s.120 of Drug Misuse Act 1986 (Source of information not to be disclosed), an informer who supplied the relevant information shall be protected at all time, whether under this Act or otherwise. A law enforcement officer shall not be compelled to disclose the name of an informer or his/her source. Part C: EXPIRATION OF SEARCH WARRANTS (100 Words) Part i 1). Search warrant being executed after 72 hours. 2). Searching from things/items that are not in the search warrant. 3). When a law enforcement officer does not display the search warrant when executing the warrant. Part ii Part D): JOINDER OF CHARGES (100 Words) The junior officer can join the two cases, because under s. 9 of Drugs Misuse Act 1986 states that A person who unlawfully has possession of a dangerous drug is guilty of a crime, and if the illegal drugn is specified in the Drugs Misuse Regulation 1987, schedule 1 and the quantity of the thing is of or exceeds the quantity specified in the Drugs Misuse Regulation 1987. In s. 10 (2) of Drugs Misuse Act 1986 A person who unlawfully possesses a prohibited combination of items commits a crime. Thus, Cannabis and water pipe are two different items which fall under illegal things. Court Brief Insert 7: Approximately 50 words per précis (6 Précis – 300 words) As a result of taking action against the defendant, a plea of not guilty has been entered and the matter has been set down for a summary trial. Complete the following table outlining what evidence you will be required to present in the brief and a précis of that evidence. Note: In completing this insert, assume you have obtained all additional evidence as outlined in column 3 of insert 5, i.e. certificates/documents/statements. Description of evidence to be produced ALL statements and exhibits should be identified Précis of evidentiary item Example Example Statement Arresting Officer Statement will outline ………………………. Series of Photographs Photographs depict one plastic water pipe and 5gms of cannabis located at ………………………. Analyst Certificate Read More