WA Are Police Allowed to Edit Copies of Search Warrant?

Discussion in 'Criminal Law Forum' started by Huskyon, 13 May 2018.

  1. Huskyon

    Huskyon Member

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    My home was searched. Upon receiving bail, I noticed the copy of the search warrant left at the premises had no date or time of issue. And it was also edited to read differently. Are police allowed to edit their copies in WA?

    I am pleading not guilty.

    Can anyone offer anything in regards to my questions, please?
     
  2. Clancy

    Clancy Well-Known Member

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    Obviously a search warrant has to be valid, but what exactly is the threshold of a warrant falling on the side of not being valid is what you need to find out? Typically the threshold is very very lax in Australia, you will see people posting on this website all the mistakes police put on traffic fines and it makes no difference. Courts see it as the citizen using it as an excuse not to pay the fine, rather than seeing it as a way of trying to maintain some kind of standard of documentation from police. So because the courts accept sloppy documentation, police then know they dont have to bother maintaining a standard, then everything becomes sloppy, and that's the way it is now in Australia, sorry.
     
  3. Adam1user

    Adam1user Well-Known Member

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    I can add to the above, first talk with a lawyer, the lawyer will be able to determine if the warrant is valid or not, secondly: If the change or omission in the warrant is not that critical, it could be considered as "admin or clerical mistake", which includes like the example you wrote, bearing this in mind, I think the court will not stop the police from doing its job because of the "admin errors", it is important that the police perform their duties. So don't take my word for it and seek a lawyer, the lawyer will let you know what to do.
     
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  4. Helen001

    Helen001 Well-Known Member

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    Legislation is very strict with search warrants as it invades a persons privacy. Legislation also states " ensure the warrant is dated". If you ask to see the warrant when police first arrive, they must show you. I asked twice and was refused.
    If the warrant is found to be invalid, from the time police entered the premises till the time they left, you then have grounds to do a case for false imprisonment and a few others.
    I've looked right into this, but what I get told is different to the law and legislation. Plus no one seems to want to take on the cops.

    Huskyon, I left you a msg in my post.
     
  5. Bill Murray

    Bill Murray Well-Known Member

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    If no one wants to take on the cops then you have nothing.

    Lawyers, especially criminal lawyers, make a living from taking us on. If you actually had anything actionable you would have no issues finding legal representation.
     
  6. Helen001

    Helen001 Well-Known Member

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    Hi Bill,
    We had a good lawyer, then we split and his new woman sacked his lawyer lol.
    I had a criminal lawyer once. Paid $1800 to read the disclosure and they didnt even pick up that the D had put the wrong name in two seperate statements. Useless as tits on a bull.
     
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