QLD Charged by Police with Possession of Drugs by Mistake?

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Neil64

Active Member
7 December 2016
5
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31
Hi,

I would like some help. I'm in QLD. The police executed a search warrant on the premises I live at for a quantity of drugs, namely cannabis and amphetamine, none of these items were found in my possession. They did find a box and a half of endone tablets that a friend had left by mistake a week or so prior. The police charged me with dangerous drugs.

The reason given says the warrant was issued in relation to a matter that is dated 412 days prior, stating under the Drugs Misuse Act s9, I had in my possession a dangerous drug namely cannabis and methamphetamine. And on the same date, under the Drugs Misuse Act s10, a thing namely a utensil used in connection with the smoking of a dangerous drug.

So here is my problem: I have only lived at the address since March this year. The date they are saying I committed the offences, I didn't even live in the area. Also I have not be convicted of any crimes since I was a younger man over 30 years ago and that was for silly stuff joint, drunk and disorderly and such. The police officer also had a copy of my record which I thought after a certain timeframe would not available to use against me, which they are doing.
 

dani.t.

Active Member
16 November 2016
11
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31
Hi, sorry my computer is playing up.

Sounds kind of similar to my situation, and I think that the reply I got is right - You live in Qld!

Unfortunately, the cops seem to be able to do whatever they want. It's been nearly 20 years since I've had any trouble with police, but got stopped, strip searched and drug dog run through my car. No real explanation given and no charges.

If your friend who left the endone at yours and is happy to go to the cops, assuming it's a legit prescription, that should take the pressure off you, but if you had fits, etc there, and the label ripped off, I sort of doubt they'd believe it wasn't bought by you illegally.

It's very strange they were acting on old, incorrect info though. Makes you wonder about the judge who signed off on the search warrant!

Good luck.
 

Gorodetsky

Well-Known Member
21 February 2016
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459
Hi Neil64,
I'm not a solicitor, ok.

People turn up here asking about dodgy searches every so often.

Here's a thread from Feb:
QLD - Surprising and Suspicious Search Warrant from Police | LawAnswers.com.au

It was only a few years back this got in the news:
Police 'regularly falsify evidence' - Queensland - BrisbaneTimes

Do you think the qps has changed its culture?

Palm island no conviction, Jason Protheroe no conviction, Noa Begic incident and they throw the book at the whistle blower fiori.

So "mistaken information" on your search warrant (or your QP9) probably doesn't raise their concerns.

If you have money, a solicitor might get you off if they can convince the judge the search was illegal.

If you're strapped for cash it's difficult.

Regards
 

Bill Murray

Well-Known Member
6 June 2018
159
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Your previous address is irrelevant.

There are multiple ways for a search warrant to be written up - they can either use one of the dates they knew you had drugs or the date of the search warrant.

They had to have reasonable suspicion that you have drugs now. Knowing you had them 412 days ago wouldn't be enough - they have more recent intel than that.

You will never get that intel. Even if you challenged the validity of the warrant in court every part of their reasons that could identify the source gets blacked out and generally speaking that is everything.