VIC possible incorrect execution of search warrant and police complaint

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

Loz1973

Member
10 May 2017
1
0
1
Seymour, Victoria
I have already lodged a formal complaint against Victoria Police in relation to two search warrants that I believe were executed incorrectly.

  • WARRANT 1 is under the Drugs, Poisons and Controlled Substances Act 1981 - Section 81
  • WARRANT 2 is under the Magistrates Court Act 1989 - Section 57, 75 - 78 and authorised by Section 92 of the Crimes Act 1958.

I will share as much as I can, but wanting to know if I am correct in my research, that they were issued incorrectly and to see if the other aspects of my complaint are actually valid.

The police have basically been trying to sweep me under the carpet and not deal with it. I am under the impression that my next step would be seeking legal advice on where to go from here and possible representation if needed.

On the morning that the police conducted the raid on our property, the police did not identify themselves and at no point from first arrival, right up until they left had they stated that they actually had a warrant.

The police did not give us any documents regarding seized property.

My 23 year old son, who was 22 at the time, has brain damage from a car accident and basically has the mind of a 15 year old. His father was repeatedly telling the officers this. When the search was concluded, the police took my son to the station, interviewed him without a person there for him and told him to sign that he had received a copy of the warrant and understood it. All while knowing about his brain damage.

There are broken and damaged items as a result of the search.

There are more factors but I think this is enough as a starter...
 

Lance

Well-Known Member
31 October 2015
852
123
2,394
Hi Loz,
If the police were informed of your son's situation he should have had a support person with him. I also agree they should have identified themselves and they should have presented the appropriate documentation. I would engage a lawyer.
 

Gorodetsky

Well-Known Member
21 February 2016
146
35
519
Hi loz1973,
Sorry to hear about you problems....
I'm not a solicitor & I'm in Qld, so I'm a little hazy about vicpol complaints.

These guys might be able to give advice:
Police Complaints Advice Clinic | Police Accountability Project

But they do advise that due to resources, they only focus on excessive force, racial profiling and inaction on DV....

When I made a complaint about the QPS, I got hold of their operational procedures manual, so I could quote which rules they had broken....

I think vicpol have a similar document for sale...you might be able to find a copy at some law library...I did in qld, cause it used to cost heaps to deter people from getting/reading it.

I think it's called the VPM. Here:
Victoria Police - Policies, Procedures and Legislation

But if you are trying to exclude evidence illegally obtained then you need a solicitor, not a complaint.

I hope this helps

Regards
Gorodetsky
 

Iamthelaw

Well-Known Member
13 September 2016
412
86
794
There are a number of issues here but you haven't said what you are hoping to achieve?
 
Last edited: