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

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Huskyon

Member
13 May 2018
3
0
1
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.

I'm going through something very similar. There is no date no time and the warrant has been edited to read completely different. Then it seems my laywer has no interest in defending the fact there is obvious corruption. Just get told it won't hold up in court. Then the day I finally enter not guilty pleas, I'm pulled over and randomly searched. They didn't even open boot of car .Was a real "thorough" search, I even asked aren't you searching the boot to at least make it look like a legit search. I was then threatened with a strip search to make it legitimate. My court date is Jan next year. So I will try keep in contact here if you don't mind. Maybe power in numbers.
 

Adam1user

Well-Known Member
5 January 2018
577
33
2,219
If a search warrant under the Misuse of Drugs Act has no date or time on it, is it valid?

I am not a lawyer and my info is very limited in this matter. I like to raise one point that may give some direction or an idea, was the warrant prepared electronically or manual? if manual does it have a serial number or not? these may give determination of the issue date of the warrant without having the time and date on the actual warrant. If prepared electronically, then there is a digital signature (include the time and date).
As mentioned, I am not a lawyer and my knowledge is very limited, I am sure someone will correct my point of view, if it is not reasonable.

PS, I never ever had a warrant and not planning to :)
 

Helen001

Well-Known Member
30 March 2017
32
3
124
I am not a lawyer and my info is very limited in this matter. I like to raise one point that may give some direction or an idea, was the warrant prepared electronically or manual? if manual does it have a serial number or not? these may give determination of the issue date of the warrant without having the time and date on the actual warrant. If prepared electronically, then there is a digital signature (include the time and date).
As mentioned, I am not a lawyer and my knowledge is very limited, I am sure someone will correct my point of view, if it is not reasonable.

PS, I never ever had a warrant and not planning to :)
Hi Adam, as I understand it, there are 3 copies of a warrant, all should be identical. The warrant we got handed, at the end of the search as the cop refused to show me at the start, looks like it's just been printed off the computer. It has COPY written across it (like photos do so you cant reprint them). JPs name and signature blacked out, and not just covered over with black marker, I'm talking perfectly done corners and all. BUT on the copy of the polices warrant you can clearly see the JPs signature come below the blacked out bit. Yet it dosnt come below on my copy. Police copy has time and date, although date looks like it's been messed with. For something that's ment to be done in triplicate, why are they not the same? There is also no paperwork to be found showing a police application for a warrant to a JP.
No numbers or any identification is on the warrant that could be used by the court or police to look it up.
 

Helen001

Well-Known Member
30 March 2017
32
3
124
Huskyon, the warrant cant be alerted in anyway, and legislation states to " ensure the warrant is dated". Cops come to your door and hand you a warrant with no date, how do you know its valid?

Not sure how to contact you or if I can put this here, but my number is 0437055092. I'll delete this soon, if you could msg when you have the number.
 

Breeze77

Member
25 September 2018
1
0
1
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.
Hi helen001
The same thing is happening to us now, have you had any luck with it yet?
TIA