WA Search Warrant with Signature Blacked Out - Legal?

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Joss

Member
17 August 2016
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Is it legal for the police to present a search warrant (a copy) with the issuing JPs name and signature completely blacked out?
 

Rod

Lawyer
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27 May 2014
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Under which act was the warrant issued?
 
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AllForHer

Well-Known Member
23 July 2014
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Yes, it is legal for a search warrant to be executed where the JP's name and signature is blacked out. This is to protect to issuing JP's identity in the event the alleged perpetrator is displeased with their decision to endorse the search warrant.
 

Rod

Lawyer
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27 May 2014
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It may be they can't use evidence if it wasn't properly signed on the original.

Have you been charged?
 

Joss

Member
17 August 2016
4
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Thanks Rod. Misuse of drugs
Under which act was the warrant issued?
It may be they can't use evidence if it wasn't properly signed on the original.

Have you been charged?
My son has been charged, it was a warrant for his property. He is currently on bail. However, There seems to be a lot bullying tactics involved and I have been researching the correct procedures that should have been adhered to. It's all new to me.

Thanks for responding
 
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Joss

Member
17 August 2016
4
1
1
My son has been charged, it was a warrant for his property. He is currently on bail. However, There seems to be a lot bullying tactics involved + I have been researching the correct procedures that should have been adhered to. Its all new to me. Thanks for responding
The original hasn't been sighted, he was only given a copy.
 

AllForHer

Well-Known Member
23 July 2014
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The blacking out of a JP's name and signature is immaterial to the validity of the search warrant as admissible evidence, specifically because it is only blocked out on the copy given to the recipient. Provided the JP who endorsed the search warrant can present to the Court on request and confirm they have met their obligations when they endorsed the search warrant, that's the extent of their role in ensuring the search warrant is admissible as evidence. The blacking out of their registration number, signature and name is to protect their identity.

Source: I'm a JP.