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WA Police Illegally Gaining Evidence?

Discussion in 'Criminal Law Forum' started by Setup101, 25 May 2015.

  1. Setup101

    Setup101 Member

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    Hi all,
    Just a quick query: a few months ago, my ex partner phoned police with an (anonymous) tip off about a bike which was reported stolen and in my possession at my home. She then proceeded to be at my home posing as the occupant to allow them into my house without my consent and without my knowledge as I was away at work.

    She had a set of keys which I had previously requested off her (sadly I don't have proof as I lost the phone with messages to her asking for them back), even though she had these keys she never lived there, they were only to feed my dog whilst I was away. She has even said in her witness statement that she lived with her mum in another suburb.

    Now my question: would this in some ways constitute for an exclusionary ruling on evidence as trespass has in fact allowed them to gain as such. The police had no warrant and obviously had no proof that she was the homeowner as I am the only one who lived there!.

    Thank you very much for your awaited responses, I am going to trial in a few months and my legal representative in Perth is hard to contact at the moment so I'm looking for some answers myself.

    Please also note I am not guilty, I did not steal the motorcycle I had it in my possession to repair it for my friend several months before it was reported stolen.
     
  2. Sophea

    Sophea Well-Known Member

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    Have you since informed the police that you did not consent for them to enter your property? Btw if not I would not suggest doing this before seeking advice from your legal representative of course.
     
  3. Setup101

    Setup101 Member

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    The police have no idea as to the trespassing and my not letting them into my home, and I won't be informing them, the only thing I said in my interview when I was requested to attend the police station was that I live by myself.
    I am just trying to gather an insight as my lawyer is very unreachable and I do not fly back into the state until the night before my trial.
     
  4. Sophea

    Sophea Well-Known Member

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    I see. Just make sure you schedule adequate time to discuss these matters with your lawyer before the trial. Write a list of all the issues that are on your mind so that you can address them in a systematic manner before you go to court.
     

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