VIC Search warrant, incorrect address, non related offence found

[Graham Coker]

Just had 2 detectives and 2 uniformed offices arrive with a search warrant for stolen goods re my 18 year old son who lives with me.
Long story short, nothing found, but after I sat down and read the warrant properly , it had my sons name but incorrect address
They did find some shotgun shells on the shed bench that I had not locked away, ( unrelated to warrant) , they warned me on this and I locked them up.
Question is, can they turn up tomorrow and charge me with a firearms offence, even though it's not related to the warrant issued to an incorrect address?
Thanks for any advice in advance

 

[Iamthelaw]

Long story short, nothing found, but after I sat down and read the warrant properly , it had my sons name but incorrect address

I take it that there was no arrest of either you or your son and no charges? Difficult to say with the limited information and without viewing the warrant itself but there may well be an issue with the incorrect address (that makes it invalid) and that could assist if, for example they were to come back and lay charges. Alternatively, there may be a cause of civil action against the police.

They did find some shotgun shells on the shed bench that I had not locked away, ( unrelated to warrant) , they warned me on this and I locked them up. Question is, can they turn up tomorrow and charge me with a firearms offence, even though it's not related to the warrant issued to an incorrect address?

Technically speaking they could, if an offence had been committed. Police can and do 'inadvertently discover' other items not named in warrants and as such this won't render their discovery inadmissible.

 

[Rob Legat - SBPL]

It is possible that you only got a caution because they realised there would be problems making a charge stick because of the deficiencies in the warrant. That's not to say they may not try to come back, so make sure your house is in order.