Executing an 'Instantia Warrant'

Most people have heard of warrants but to make sure we're on the right track, I'll explain the two main types of warrants available when I worked as a police officer. 

One was a search warrant, the most common that obviously gives police and others the right to search someone's property. The second was a warrant of apprehension that allowed police officers to legally arrest someone. These were also called 'Bench warrants' because they were issued by Magistrates at their court bench.

Some statutes provide powers of arrest under different circumstances eg, if a police officer finds someone offending. Other statutes or parts of statutes require that a warrant be executed.

A warrant must always be executed as an original and signed on the back to state that it has been executed.

In Queensland, we had a process that allowed a person who was of the rank of Inspector or above to issue an instantia warrant ie, a warrant completed on the job. Presumably, a police officer would go to an Inspector and swear using a Holy Bible that certain offences were about to be committed or being committed and insufficient time was available to obtain a warrant through the usual court-based process.

One such time a few police officers including an Inspector were observing a criminal organisation when they saw that offences were being committed. The Inspector had a blank instantia warrant in his possession and decided to write in the details to allow a search of the property under surveillance.

The police team subsequently burst into the property, seized stolen goods and arrested a number of offenders. The offenders pleaded not guilty and a committal trial was conducted in a Magistrates Court.

During cross-examination the defending counsel was examining the Inspector's evidence and the conversation went like this:

Defence: "Inspector Doe, describe how you took out the instantia warrant."

Inspector: "When I saw that an offence was being committed and that a warrant was necessary, I took a blank instantia warrant sheet from my briefcase. I then completed all the details and swore that the information contained therein was true and correct."

Defence: "How did you swear that the information was true and correct?"

Inspector: "In the usual manner. I held the Holy Bible in my right hand and swore on the bible that it was true and correct."

Defence: "Where did you get a bible from at such short notice?"

Inspector: "I always carry a small version with me."

Defence: "Do you have it with you now?"

Inspector: Looking embarrassed and touching each of his suit pockets in turn replied, "No sir, I must have left it at the office."

Everyone in the courtroom sniggered. Only the police officers involved in the case knew the truth.

In courts, it's very easy to get caught with one's pants down - so to speak.

Robin