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QLD Police Arrested My Brother - Within Police Powers and Was He Sold Out?

Discussion in 'Criminal Law Forum' started by Leesa, 6 February 2015.

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  1. Leesa

    Leesa Member

    6 February 2015
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    My brother is in trouble with the law and facing numerous criminal law charges. He was granted bail where he had to present himself to a specified rehab facility on a certain date. Before this however, he had to reappear in court. In the meantime, my sister revoked her address as his residence. My parents also refused to allow him to use their address. Due to my partner and my brother not getting along, he didn't ask to use my address. My brother got wind that he now had no address to be bailed to and skipped out on court. There was a warrant issued for his arrest. The police visited my sister's place and my parents place in an attempt to locate him. I was pulled over for a 'random' drivers licence check and was extensively questioned in regards to his whereabouts what he was driving, how often I talked to him, the last time I saw him etc. He had been chased on foot and on push bike by the police numerous times but got away each time. He also continued to break the law by committing new offences.

    Yesterday morning he came to my house, which is in a different policing district but only 10/15 mins away. I was the only one who knew he was coming apart from possibly his lift to my area (he got dropped at the local shops 5 minutes walk away) and I was the only one home. Within 40 minutes of him arriving the police were here storming through the front door for him. He didn't resist, however its my belief excessive force was used and they took him away. They searched through what they wanted to in my house and kept asking me what room was he staying in. I told them he wasn't staying here he only arrived that morning but the continued to search through the spare bedroom. They wanted the keys to get access to my car that was parked in the driveway (which is off the road and unregistered at the moment). I told them i don't know where the keys are right now and it is my car not my brothers so why do they want to look in the car? I was told by one police officer said it is in my best interest to get the keys and open the car. Frustrated I said the cars bloody unlocked and said look, look while opening two of the doors. They then wanted to look in the boot. I said its got a flat battery so the button on the dash board doesn't work. The wanted the keys again. I then started to show them where the release handle is when you put the back seats down, then got out and said if you bloody want to look in the boot then open it yourself. When I walked back inside there were more police going through things. They picked up a back pack, I have no idea where from and were already going through it when they asked if it was my brothers bag? I said I don't know who's it it but it doesn't belong here. They pulled out a bag of pot and said that you want to hope that your brother admits to it being this bag otherwise you will be responsible for this. Eventually they left and I am left with some questions:
    1. Did the police have the right to search anywhere in my house?
    2. Did the police have the right to search my car?
    3. Did the police have the right to open my brothers back pack without witnesses? My brother does not smoke pot. They could have planted anything in the bag.
    4. Are we able to find out how they knew my brother was at my house yesterday morning?

    The reason we would like to know is because my brother thinks 100% that it was my partner who tipped off the police because as my brother was waiting for my partner to leave he thinks that my partner saw him. I dont believe my partner did tip them off for numerous reasons which I won't go into here and they could have found out he was at my house in other ways. This is causing a huge rift in my family not knowing for sure how they located him. We don't want to know for any sort of revenge just for peace of mind and really a yes or no if my partner tipped the police off.
    Thanks in advance
  2. Tracy B

    Tracy B Well-Known Member

    24 December 2014
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    Hi Leesa,

    This sounds like an unfortunate situation. Unfortunately, when the police suspect that a crime has been, or might be, committed, and there are reasonable grounds for this belief (factors: circumstances in which your brother was caught, his responses to questioning, any outstanding past charges on his record, the fact that he had managed to escape police a few times before) they have the power to:
    1. Search the car and seize property from the car (Police Powers and Responsibilities s 31 and s 32)
    2. Generally, a police should not be entering a person's house without a warrant and searching (see Being Searched). However, if your brother was suspected of committing a drug-related offence, the Drugs and Misuse Act (Qld) (in particular, Division 12 - powers of investigators) gives police and investigators wide-ranging powers to enter property and search for the purposes of investigation
    3. Police are not required to have a witness when searching or opening backpacks
    If you have a complaint against or enquiry for the police, you can contact the: QLD Police - Client services However, you should probably see a lawyer first about the best way of going about this as complaining against the police may not be helpful to your brother's case.
    Leesa likes this.
  3. APT

    APT Well-Known Member

    30 May 2014
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    I would have to disagree on some points.. Yes the powers relate to "searching a car" but that is a car being driven on the road...

    A Car on private property is a different kittle of fish... They must have a warrant to enter your property.. simple as that... the warrant must clearly state the reason and authority to search the premises... And I know of police raids that have found guns in safes, and were not admissible in evidence as the warrant did not cover the searching of the safe...

    I would assume a random car parked outside unlocked would fall under the same sort of unwarranted interference...

    I am a WA lad.. so not so much up to speed on QLD, and at the end of the day... The common law authority for the Kings men to enter a dwelling, must be by a signed sealed warrant... Or the Kings Forces may not enter that dwelling....

    Get a copy of the warrant.. check it out./..
    Leesa likes this.

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