4—Issue of search warrants
(1) Where upon the
application of a member of the police force a magistrate is satisfied that
there are reasonable grounds to believe—
(a) that
an offence to which this Act applies has been, or is intended to be,
committed; and
(b) that
there is in any premises an object relevant to the investigation of that
offence,
the magistrate may issue a search warrant in respect of those premises.
(2) An application for
the issue of a search warrant may be made either personally or by telephone.
(3) The grounds of an
application for a search warrant must be verified by affidavit.
(4) An application for
the issue of a search warrant shall not be made by telephone unless in the
opinion of the applicant a search warrant is urgently required and there is
insufficient time to make the application personally.
(5) Where an
application for the issue of a search warrant is made by telephone, the
following provisions apply:
(a) the
applicant shall inform the magistrate of his name and of his rank and number
in the police force, and the magistrate, on receiving that information, is
entitled to assume, without further inquiry, that the applicant is a member of
the police force;
(b) the
applicant shall inform the magistrate of the grounds on which he seeks the
issue of the search warrant;
(c) if
it appears to the magistrate from the information furnished by the applicant
that there are proper grounds for the issue of a search warrant, he shall
inform the applicant of the facts on which he relies as grounds for the issue
of the warrant, and shall not proceed to issue the warrant unless the
applicant undertakes to make an affidavit verifying those facts;
(d) if
the applicant gives such an undertaking, the magistrate may then make out and
sign a search warrant, noting on the warrant the facts on which he relies as
grounds for the issue of the warrant;
(e) the
search warrant shall be deemed to have been issued, and shall come into force,
when signed by the magistrate;
(f) the
magistrate shall inform the applicant of the terms of the warrant;
(g) the
applicant shall, as soon as practicable after the issue of the warrant,
forward to the magistrate an affidavit verifying the facts referred to in
paragraph (c).
(6) A magistrate by
whom a search warrant is issued shall file the warrant, or a copy of the
warrant, and the affidavit verifying the grounds on which the application for
the warrant was made, in the Adelaide Magistrates Court.