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

Police Life - Driver Licence Testing

Here's a photo of me flying an F18 jet fighter simulator. It's a little more complex than driving a motor vehicle, however, it would probably be an excellent idea to have simulators for learner drivers. (Let me know if you have seen any, I know they have them for mining machinery.)

Well before all the automated reverse-parking cams, warning beepers, road alignment sensors, and other fancy technology came along, I spent six months testing drivers every couple of weeks. It was a rostered duty, 8 am to 4 pm with driver testing the main objective.

It was a break from the business of evening and night shift attending pub fights, break and enters, domestic violence, missing teenage daughters, traffic incidents, and drink drivers etc. And it wasn't without a few good laughs, much needed in policing.

The Sexy Candidates

A couple of times in any week I was rostered, an attractive 17-18-year-old woman would roll up for her driving test with the shortest skirt, the loosest blouse, or loveliest nipples I had ever seen either visible or sticking through a tightly knit top.

As they got in their car, they would pull up their skirts exposing their young, smooth thighs and occasionally their underwear. Some of the braver ladies would tell me, "Dad told me if I wore a short skirt, I'd have a better chance of passing."

I was in my very early thirties and despite finding the conversation starters and lovely thighs arousing, I had a job to do and had to do it professionally. I rarely answered the braver ladies and managed to focus on their driving ability and not their ability to arouse me. I was also married and while I enjoyed admiring the beauty of these women, kept my focus where it should be.

Most passed. Not because of their physical appearance, but because they were able to safely control a vehicle and comply with the traffic rules.

The Idiots

These are the one or two people who were stupid enough to turn up for a driving test with a vehicle that was obviously defective. Tyres with hardly any tread pattern, parts of the body of the vehicle missing (under repair they'd say), handbrakes that didn't work, no horn, mirrors missing and a host of other defects.

They didn't get to do a licence test, but they did go home with a defect notice and one or more traffic infringement notices. As the vehicles were unroadworthy, they'd have to get them towed away.

Unbelievable.

The Scary

The scariest two incidents I had during my testing career involved a handbrake failure and an inability to stop a reversing automatic vehicle.

There weren't many hills where we tested, but one was very steep and we used it to test people doing a stop and start on a slope. It led to a T intersection.

I always taught my candidates to turn their front wheels slightly inward and select the first gear so that if something happened to the handbrake, or to move the vehicle, it wouldn't roll down the hill.

One day a young man who had been driving quite well drove up the hill, positioned the vehicle and was just about to turn the wheels inward and "snap!" The handbrake cable snapped and we began rolling backwards towards the T junction.

I yelled at him, "Apply the footbrake! Apply the footbrake!" and fortunately, he managed to stop the car across the intersection road without launching into the house directly behind us. We were both shaken by the incident and needed to get out of the way before traffic approached.

We managed to get back to what we were doing and I gave him his licence despite not having fully completed the handbrake start due to no fault of his. I gave him a defect notice without penalty to get the handrake cable replaced. 

The next case was with a woman driver in her 60-70s going for her first licence (see next topic). Automatic cars weren't as common then as they are now and she had one for her test. It should have been a breeze, but when we did a standard reversing street park, she reversed into the parking spot and then continued in a curve only to pull up in the middle of the road forming a 90 degree angle. Thank goodness there were no vehicles travelling at the time.

I had to decline issue of her driver's licence.

The Fails

Fails during my testing were rare, I can only recall two. One was the woman above and there was another woman in her later years whom I also failed because it would have been dangerous to let them loose on Queensland's roads.

The two women were about my mother's age and it pained me to fail them, however, safety is always the highest priority. Theirs and other road users.

Their stories were familiar. Each had lived on a nearby cane farm and their husbands had done all the driving since they had married. There had been no need for them to drive, but both were now widows and needed to be able to drive to attend appointments, go shopping and visit family.

At this late stage in their lives, they needed a driving licence more than ever.

When someone booked for a test, there was a six-week waiting period. However, I treated them as special cases and told them what they needed to practise and to call me when they felt competent to do a test and that even if I wasn't rostered on to do driver testing, I would do a test with them so they didn't have to wait and I also got them driving to the several key places they visited so that they were familiar with them.

Both improved their driving and managed to pass within a few weeks.

There are some things police officers can't ignore but I and most of the police with whom I worked always exercised compassion when it was called for and endeavoured to be fair and reasonable.

Robin

Why You Need Encrypted Email

Everyone knows there are scammers on and offline bending over backward to screw you out of your hard- earned money. But, despite the frequent warnings, publicity from various sources and personal experiences victims tell us about, scammers are still winning.

The following article confirms this:

"According to the Australian Federal Police, more than $79 million has been lost to cybercriminals in the past 12 months through business email compromise, also known as BEC scams or payment redirection scams.

In such scams, cybercriminals trick victims by getting them to redirect their legitimate fund transfers, which victims think they are making to a business, into the criminals' own accounts.

The cyberthieves usually do this by intercepting legitimate emails sent from a business to a client. They then send a new email to the client, with a notice to send money, but changing the business's bank account details to their own.

The unsuspecting victim transfers funds to the fraudster and is unaware they've been tricked until the business contacts them, asking what happened to the payment.

Police say that business email compromise scams occurred at least 3,300 times last year. Unfortunately, the police managed to retrieve only $8.45 million, a fraction of the total lost. "

- Tony Mitchell, Aviso EIA, Insurance Brokers

There are two things that concern me about this situation.

First, in Australia anyone opening a bank account has to provide 100 points of proof from official documents like passports, birth certificates, driver's licences, and Medicare Cards. Additionally, any transaction over 10 thousand dollars, especially those out of the country, is vetted by AUSTRAC.

Given the above, one would think that when someone is duped out of money, it would be easy for police to identify the accounts involved and the people who own the accounts. Apparently not which raises some serious questions.

Second, the people handling an organisation's payments, or individuals transferring money, aren't making sufficient effort to ensure their transfers are secure.

Encrypted Email

There are numerous email clients available that provide end-to-end encryption. This means that when an email leaves your device, the content is encrypted so that if it is intercepted, it cannot be read. It can only be read on the device of the recipient.

Find out if the email client you use is encrypted. If it isn't, perhaps think about getting a different one or using a different approach to transfer at-risk data eg, software that encrypts specific data (see below).

Encryption is a great safeguard, but with highly confidential or high-risk email transmissions, the message should not be left either on the senders or the recipient's hard disk drive/device because it could be hacked and is not encrypted. It's highly unlikely someone would benefit from this information given the types of scams we are speaking about, but it should be a precaution you take with all confidential data.

Encryption Software

If you used this approach, you would put confidential data in an encrypted, password-protected file and attach it to your email. Adobe Portable Document Format (PDF) files have this capability if you have Adobe software or some others that are available that convert files to PDF. You can assign a password for the document to be opened and much more. Data inside the document are encrypted.

There are other alternatives. I use a software program called Folder Lock that provides several useful functions including the ability to create a ZIP file with date encrypted and password locked.

Obviously, encryption of files won't stop someone intercepting your email if you use an unencrypted email client. However, it's good to think about documents that need to be protected during and after transmission and have a routine for doing so.

Talking of Routines

When I was a manager, I ensured my staff had access to Standard Operating Procedures that instructed them how to do tasks.

In an accounting department there should be an instruction to check all BSB and Bank Account numbers before sending money over a certain amount. This could be done by looking at clients' previous bank details if they are regularly paid eg, accounts payable, or telephoning them to confirm their details before making a large money transfer.

It's up to people responsible for money transfers to design a procedure that works for them. That will reduce considerably the risk involved in paying scammers instead of those for whom the payment was intended.

Good luck.

Robin

Lending a Hand - Traffic Accident

For a little over four years, I worked with the Traffic Accident Investigation Squad that covered the larger Brisbane Metropolitan area. Our role was only to attend fatal traffic incidents and those where dangerous driving or criminal negligence was concerned.

It was a tough job spending our working days watching people kill each other or themselves on our roads. It was especially difficult when victims were young children and those whose deaths were preventable had an iota of common sense prevailed.

While working, we didn't have time to think about the deceased and broken. We had to do the work measuring the road, drawing a map, photographing the vehicles and interviewing witnesses. 

Afterwards, the reality that someone's life had ended and that their loved ones would be heartbroken and never see them again would come into our thoughts. It was a policing task wherein we were dealing with largely lovely people (the families) and not the usual misfits we'd deal with in other areas of policing. The criminals, wife bashers, sex offenders.

All of us in the section drank too much and sometimes we used humour to get us through the day as shown in this photograph of a very old Holden sedan in which a young person was killed. He let his expectations exceed his ability when cornering and rolled the vehicle. I took numerous photos of the scene, but this one attracted my attention. I thought there was a certain irony in it.

We worked in teams of two and one week we had a young police cadet assigned to us for training. I guess he would have been 16-17 years old and keen about getting experience in traffic accident investigation.

My colleague and I were on a 7 am to 3 pm shift and just after 8 am we received a call from Police Operations that a fatal had occurred. The boss asked us to take the cadet with us, which we did.

We hopped into our F100 Ford truck commonly known as the "Death Mobile" and headed to the scene. A couple of local police was in attendance directing traffic around the scene and it appeared that a guy on a motorcycle had overtaken and hadn't seen (or perhaps thought he could beat) a cement truck coming the opposite way.

Unfortunately for him, he had hit the side of the truck and the scoop had taken off his right arm and some part of the truck had smacked into the right side of his helmet.

The body was lying on the roadway with what was left of his helmet intact and he obviously had a missing arm. 

While I asked the cadet to hold the end of a tape measure, my colleague walked up and down the road looking for the arm. After he found it, he covered it with a piece of rag and came over to us and said to the cadet, "Can I give you a hand?" and passed the limb to the cadet.

He almost passed out. After telling us it wasn't funny and calling my colleague a ghoul, he did what we asked and placed the arm with the body which by now had been covered. He was visibly shaken for a while as he hadn't seen a dead body before, let alone one with bloodied injuries and an arm savagely pulled from its socket. My colleague and I thought it was a great joked but after a short laugh, got back to work.

After we had finished up at the scene, on the trip back to the office, we talked to him about how it was necessary to have some diversion strategies, including humour to survive.

We made sure he helped follow up with several witness interviews, and attended the autopsy of the deceased.

When he left our office and returned to the Police Academy, he assured us he had gained a lot from us and appreciated the experience.

Another day of policing.

Robin