Issuing a Search Warrant (in person)
- Verify Applicant’s Identity
- Ask the police officer for identification or badge number.
- Review the Application
- Ensure it includes the following details:
- Applicant’s name, rank, station and badge number
- Description of the place to be searched
- Name of the occupier (if known)
- Brief description of the offence
- Type of evidence sought
- Reason for suspicion
- Previous search warrants (if any)
- Officer responsible for execution
- Period of validity (max 28 days)
- Execution time (specific hours or any time)
- Conditions for seizing additional evidence
- Conditions for searching persons
- Full names and birthdates of all involved
- Ensure it includes the following details:
- Ask Clarifying Questions
- Ask about the reliability of the source, prior use of the source, details on premises and suspects, previous warrants, and specifics of the search.
- Swear or Affirm the Application
- Ensure the applicant swears or affirms the truth of the application.
- Witness the Applicant’s Signature
- Sign the application and endorse with your JP registration number.
- Complete and Verify the Search Warrant
- Ensure it includes:
- Applicant’s details, date issued, and premises to be searched
- Occupier’s details (if known)
- Validity period and execution time
- Ensure it includes:
- Sign and Endorse the Search Warrant
- Sign the warrant and include your JP registration number.
- You can ask police for a copy of the application.
- Record Keeping
- It is recommended to keep personal records of all search warrants issued in a secure, lockable location.
Please refer to the Justices of the Peace Handbook for any issues not covered above.