WA No Date or Time on Search Warrant - Is It Valid?

Discussion in 'Criminal Law Forum' started by Helen001, 30 March 2017.

  1. Helen001

    Helen001 Well-Known Member

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    If a search warrant under the Misuse of Drugs Act has no date or time on it, is it valid?
     
  2. Rod

    Rod Well-Known Member
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    It is likely the warrant is not valid.

    The Misuse of Drugs Act WA doesn't specify the contents of a search warrant however the Criminal Investigation Act 2006 WA says:

    s42 (2) A search warrant must contain this information:

    (a) the applicant’s full name and official details; and

    (b) the suspected offence to which it relates; and

    (c) the place that may be entered and searched under the warrant; and

    (d) if a thing or class of thing is the object of the search — a description of the thing or the class of thing; and

    (e) if a person is the object of the search — the name or a description of the person; and

    (f) the period, not exceeding 30 days, during which it may be executed; and

    (g) the name of the JP who issued it; and

    (h) the date and time when it was issued.

    Recommend you call the Department of the Attorney-General in WA to confirm or see a lawyer.
     
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  3. Rob Legat - SBPL

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    I'm not admitted in WA, and have no experience with the WA Misuse of Drugs Act, but section 24 of the Act states:

    "A justice of the peace .... may grant to a police office a search warrant authorising a police office at any time or times within 30 days from the date of that search warrant to enter any vehicle, or any premises or other place, named in that search warrant..."

    Given that the warrant is good for any time for 30 days from issue, it may not need a date and time.
     
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  4. Helen001

    Helen001 Well-Known Member

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    Rob, but given there is no date on it, how is anyone ment to know when it was issued? Wouldnt it basically become an open warrant to be used at any time?

    Rod, yeah as we thought. I also asked twice to see the warrant but was refused. A copy was given to us on their departure. In regard to the section about being searched, can they strip search anyone at the premises at the time or do certain people have to be mentioned in the warrant?
     
  5. Trying68

    Trying68 Well-Known Member

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    That doesn't suprise me at all - fight it Helen 001

    There is a protocal, they need to follow that is not it!

    If they didn't issue the warrant the way it states iin regulations. They are up to no good. They probably thinking you won't take action go hard make the accountable.

    Good luck
     
  6. Helen001

    Helen001 Well-Known Member

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    Trying68, if it is in fact invalid, we intend to take it all the way. We were detained in our own home, placed under arrest, strip searched, and then left wondering what the hell was that?

    A constable was named on the search warrant and same constable on statement of material facts, also stating there was a 60 minute video interview, of which there was absolutely no video interview done.
     
  7. Trying68

    Trying68 Well-Known Member

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    Scum like the constable & his mates need to realise that doing the wrong thing just because they hide behind uniform & badge doesn't mean they are invincible.
     
  8. Rod

    Rod Well-Known Member
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    They can search both the premises and people under the Misuse of drugs Act s 24 but the search must be done a person of the same sex as the person being searched or a medical practitioner.

    Read this for more information on searches in WA: Police powers to search
     
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  9. Huskyon

    Huskyon Member

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    What was the outcome here please Helen? I'd be very interested to know. Cheers
     
  10. Helen001

    Helen001 Well-Known Member

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    Hi Huskyon, well it's now been going on for 2 1/2 years. Hes back in jail, and will probably be there for several years, but is still pleading not guilty for this warrant and next court date is 22/08/2018.
    Police are still saying theres nothing wrong with the warrant, although legislation states it must be timed and dated, and the police copy is not the same as ours, even the blacked out signature.
     
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