Group+3+Investigating+crime+search+and+seizure,+use+of+warrants

=Group 3: Investigating crime: search and seizure, use of warrants=

1. Explain what is meant by the term 'search and seizure'


 * Police are given the power to 'search power and seize and detain things' under certain circumstances. This is provided by the __Law Enforcement (Powers and Responsibilities) Act 2002 (NSW).__
 * One of the most important of these powers is the power to search and seize without a court warrant in exceptional circumstances
 * They are controversial because some people feel it is an invasion of privacy. They can also be confronting or embarrassing.
 * The legislation contains procedures for police to follow when conducting a personal search in order to preserve the person's privacy and dignity such as informing them of why the search is necessary and asking for their cooperation

2. Define the term 'warrant'.


 * Defined as: A writ from a court allowing police to perform specified acts.
 * In NSW certain searches or seizures cannot be performed without a valid warrant

3. Explain the circumstances in which police would be allowed to stop and search a person.
 * In NSW police may stop and search any person where they 'believe on reasonable grounds' that they are carrying specified illegal items.
 * They may search anything in a person's possession or control.

4.Does the use of a sniffer dog constitute a search? Discuss the case of Darby v DPP (2004)


 * Police require a court warrant to use dogs for general searches in public places except to search for illegal drugs in pubs or clubs, on public transport or certain public events.
 *  Darby v Director of Public Prosecutions 2004 NSW: The case called into question whether sniffer dogs constituted on the grounds that only police officers could conduct searches and only when they make a judgement on reasonable grounds. Darby argued the dog was not entitled to of capable of making such a judgement and therefore the drugs that were consequently found on Darby was not admissible. Whilst the local court magistrate agreed with him, the supreme court judge found that the police officers own search was legal on the grounds that the sniffer dog created reasonable grounds and was not a search itself. This decision was upheld by the Court of Appeal.

5. Outline the circumstances in which police will require a warrant before conducting a search.


 * Police are required to have a valid warrant before they can enter and search any premises, residential or business, without the consent of the owner or occupier.
 * The warrant will state the reason for the search and what articles are being searched for.
 * The police must identify to the occupier the reason for the search and give them a copy of the warrant.
 * The occupier is usually present.