42.01 Search Warrants

This page will outline a step-by-step process to compiling and having a Search Warrant approved. >[!warning] Guide May Not Be Compatible >I wrote this guide during my time at Transit DRU & Transit CIU. It may not be the same process at your workplace. Always check with a Sergeant / Senior Sergeant. # Step 1: Affidavit Preparation Your **Affidavit** (or VP708 best accessed through Word add-ins) is a document that is sent to; your **Sergeant**, your **Senior Sergeant** and a **Magistrate** for approval. You should structure it in the following manner: - Opening Information - **Who** the application relates to (e.g. accused) - **What** it relates to (e.g. the type of offence and day it occurred on) - Incident Information - **Who** reported the incident to police and when - **Who** provided statements, photographs, etc. - And **what** did they depict? - **What** occurred (e.g. a brief summary of the crime) - A brief description of **what** the offender was wearing (if seen) - Investigation Information - **How** did you identity and offending? - **Who** reviewed CCTV / Evidence at particular dates? - Social Media or other relevant nexus evidence - Address Information - **How** did you verify address (3x ways minimum). - Items to be Seized - List all the items you wish to seize on the warrant. The bits of your Affidavit that will never change are: ## Opening Paragraphs > I am a S/SGT John BLOGGS of Police, currently attached to the MULGRAVE POLICE STATION, located at MULGRAVE. I am the applicant for a search warrant pursuant to section 465 of the Crimes Act 1958. > > I believe the facts, matters and circumstances set out in this affidavit are true and correct and make this affidavit from my knowledge, information and belief having been obtained in the course of my duties at the MULGRAVE POLICE STATION. > > FIRST CONSTABLE TIM of MULGRAVE UNIFORM has provided me with certain information. I have made an appraisal of that information and believe it to be true and correct. A summary of that information is set out hereunder. ## Graffiti Culture Reference > Victoria Police intelligence indicates that people who commit graffiti related offences can identify themselves using both distinctive tags as well as a unique hand-writing style. These people use their tag in conjunction with their hand-writing style to remain anonymous to the general public, however within the graffiti subculture it is used to gain notoriety and identify themselves among their peers. The more complex, elaborate and prolific the graffiti tag, the more respect vandals obtain within the subculture. Graffiti tags can be scratched into a surface, written on a surface or spray painted in the form of large graffiti murals. > > Graffiti vandalism is often ‘semi-permanent’ because of this it is very common for vandals to document their tags and murals by photographing or filming them before they are cleaned away or painted over. This enables vandals to keep a permanent record of the damage as well as to display and distribute it to the wider graffiti subculture as a means of enhancing their reputation. As this criminal subculture is essentially cashless, the currency of graffiti writers is notoriety and ‘getting seen’ by as many of their fellow writers as possible. ## Pro-forma Items to Search For >[!info] >The below can be utilised towards the end of your affidavit to include items you may be looking for, such as phones or computers. > Graffiti related implements including aerosol spray cans, spray can nibs, permanent markers and white stickers; > > Photographs (electronic or printed) or video recordings of graffiti murals linked to the offences of Criminal Damage, including those stored on electronic storage devices, computers or mobile phones; > > Notes, documents, photographs, computer storage devices and mobile phones containing texts and social media communications that would afford evidence of collusion and/or planning to commit the offence of Criminal Damage and identify co-offenders; > > Any other item which may afford nexus evidence in support of the offences of Criminal Damage and Possess Anything with Intent to Damage Property or identify co-accused’s. ## Direction for Access >[!info] >This section is to enable you to put a demand on the accused to provide his PIN code or password to devices. If he does not, he can be charged with a further offence. > Investigators also seek authority under section 465AAA of the Crimes Act 1958 to direct **__________** to provide any information or assistance that is reasonable and necessary to allow police to access: > > Data held in, or accessible from, a computer or data storage device that is seized by police under this application; > > Copy to another data storage device data held in, or accessible from, a computer or data storage device that is seized by police under this application; > > Convert into documentary form or another form, intelligible to a police officer, data held in or accessible from a computer or data storage device seized by police under this application. > > Investigators believe that the above-mentioned property items will afford evidence relating to Criminal Damage (Section 197 (1), Crimes Act, 1958), and Possess Anything with Intent to Damage Property (Section 199, Crimes Act, 1958). ## Post-Approval Your Sergeant and Senior Sergeant will conduct a thorough review of the document. Once approved, both parties will sign each page and it is now ready for the Magistrate. However, he will need to wait for a bit while you finalise some other items. Scan the **signed** copy of the form and save it to be attached later. # Step 2: Risk Assessment Also known as a "Search Warrant Procedures Checklist". In basic terms; **your plan**. Fill out the document with the relevant information and conduct your checks via LEAP / Interpose / NEO on the items to ensure their validity. Some items listed you may not be able to complete currently, that's fine, just fill out what you can and mark what you haven't done yet. **Save this form as a PDF that can be later attached.** # Step 3: Safety Briefing Also known as a "Operation Order". In basic terms; your **PowerPoint**. I've made a template to assist making these. It has notes on most of the slides and should suit most warrant purposes. It can be located in: **G:\TTSD\TRANSIT\Support\DSG\GENERAL\Warrants\Search Warrant Preparation Kit.** My recommendations are: - Include large pictures of the offending, in-case relevant photographs are located you want all police present to recognize them. - Provide good images from Google Maps of routes, the target address, where you want people to go, etc. You're in charge. - If you can find a floor plan or draw one up yourself based on photographs, do so. It helps a lot. - Provide a print out to all members that is double sides. - One side is photographs of the items you want. - The other side is a list of items you want. - **Keep It Simple Stupid.** # Step 4: Interpose Search Warrant Request Jump on Interpose and go to Create > Search Warrant. ![[interpose_search_warrants.png]] - Attach your **Risk Assessment Document** - Attach your **Safety Briefing PowerPoint** - Attach your scanned and signed **Affidavit** - Address the request to your Senior Sergeant, who can then forward it on to the Inspector. With that sent off, you will get an email when it has been approved. # Step 5: To The Magistrates Last but not least is the Magistrates' Court. Melbourne Magistrates' is often referred to as the warrant's court and most of your warrants SHOULD go there. ## VP709 - Your Warrant This whole time you've never produced an actual 'Warrant'. Go into a 707A&B XML > View List > VP Form 709A. **Vehicles** require a 'second' warrant. You are making an application for 2x warrants under 1x affidavit. You will print 2 execution copies, one for the **address / house** and the other for the **vehicle**. - Applicant = You - Suspect: List your named suspects who you believe will be at the address and their personal address (which may not be the same as the target address). - Location: - If you are intending to search a Building, include an address and building location. - If you are intending to search a Vehicle, **do not** include an address on this page. **Leave it blank.** - Name / Description of Items to Search for: - This **must** be in sentence structure, e.g. black cap with silver motif, black running shoes and mobile phones containing texts. - Identifying Details of Vehicle: E.g. Vehicle 1AB2CD Toyota Landcruiser Wagon White 2005. Three copies will be printed: - **Court Original** (can be binned) - **Execution** - **Occupier** (can be binned) You can throw out the Court Original and Occupier copy, as you're only sending one off to the Courts to be signed, being the **Execution** copy. These used to all be printed as you would attend court in person to have the search warrant signed off. We only fax one copy now & they only sign one copy. Send off the following to the Magistrates' Court via Fax: 1. Fax Cover Sheet 1. MMC fax number is 9032 0480. 2. Dictate a return fax number, Transit DRU is (03) 9606 8353 (or relevant #) 2. **Execution** Copy of Warrant (709A Execution Copy) 1. Include multiple execution copies if required (e.g. vehicle + house). 3. Signed **Affidavit** **Call the Magistrates' Court to confirm they have received the warrant on 8615 3878. ** # Step 6: Warrant Returned - Make an **Occupier** copy of the Warrant by scanning the **Execution** copy, crossing out 'Execution' and replacing it with 'Occupier'. - Your '**Execution**' copy now becomes the Original and functional copy of the Warrant, keep it safe! - Hand over the copies of the Warrant to your Sergeant. - Go off and execute your Warrant # Step 7: Email Template >[!info] >Every station and work unit is different, some do not send emails out as such. One day prior to the planned execution, send the following to a Crew Sgt / Senior Sergeant the following template: | | | |---|---| |**Warrant Type**|s. 465 Crimes Act 1958, Level 1| |**Address**|| |**Time/Date**|| |**Local 265**|| |**Transit 265**|| |**Supervisor(s)**|Police Commander – Senior Sergeant BLOGGS Police Forward Commander – Sergeant XXXXXX 04xx xxx xxx Safety officer –| |**Informant**|| |**Members**|XX SGTs XX ORs| |**Comms**|01-01| |**Interpose**|ABCDEF2021-TDVCIU| |**Target Details**|John SMITH (05/04/1978) 11/8-10 Mount View Parade, Mooroolbark VIC 3138| |**Offence Details** **(Brief)**|| |**Process Station**|Ringwood| |**Result**|TBA| |**Transit Area**|East|