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WA Search Warrant with Signature Blacked Out - Legal?

Discussion in 'Criminal Law Forum' started by Joss, 17 August 2016.

  1. Joss

    Joss Member

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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?
     
  2. Rod

    Rod Well-Known Member

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    Under which act was the warrant issued?
     
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  3. Joss

    Joss Member

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    Thanks Rod. Misuse of drugs
     
  4. AllForHer

    AllForHer Well-Known Member

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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.
     
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  5. Rod

    Rod Well-Known Member

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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?
     
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  6. Joss

    Joss Member

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    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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  7. Joss

    Joss Member

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    The original hasn't been sighted, he was only given a copy.
     
  8. AllForHer

    AllForHer Well-Known Member

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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.
     
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