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VIC Search Warrant - Words are Struck Out?

Discussion in 'Criminal Law Forum' started by cuzzman1799, 29 September 2014.

  1. cuzzman1799

    cuzzman1799 Member

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    Question:
    On a Drugs poisons and controlled substances search warrant, when certain areas of search are struck out what does it mean?

    The areas struck out are below, my interpretation is that the areas that are not struck out are what they mean to search or list. Underlined items are struck out. below is a condensed version.


    To a police officer

    WHEREAS I, the undersigned, a *Magistrate in the State of Victoria, am satisfied by the *evidence on oath or *by affidavit of:........

    a police officer of or above the rank of Sergeant or for the time being in charge of a police station, that there is reasonable ground for believing

    that there *is *are *will be within the next 72 hours *on or in a certain*land or*premises situated
    at .........

    or*vehicle identified by

    located in a public place *certain things
    *certain documents

    to wit: listed items.....



    These are therefore in her majesty's name-
    (1) to authorise you or any other member of the police force to enter and search the said
    *land or *premises or * *specified vehicle located in a public place for the *things or documents specified in this warrant and if any of those *things or *documents be found to seize and carry them before the magistrates' court etc

    *Magistrate

    *Strike out whichever is not applicable.

    Note: Under section 81(3) of the Drugs, Poisons and Controlled Substances Act 1981 , a police officer to whom a warrant under section 81(1) of that Act is addressed or any other police officer may, at any time or times by day or night but within one month from the date of the warrant and with such assistance as may be necessary—

    (a) enter, if need be by force, the land or premises or specified vehicle located in a public place named in the warrant; and

    (b) arrest all persons on or in that land or those premises or on or in that vehicle who are found offending against a provision of that Act or the regulations made under that Act; and

    (c) search—

    (i) the land or premises or any vehicle or any person found on or in that land or those premises or any person found on or in any vehicle on or in that land or those premises;

    (ii) the specified vehicle located in a public place or any person found on or in that vehicle; and

    (d) seize and carry away or, unless a direction under section 81(1A) of that Act applies, deal with as mentioned in paragraph (e)—

    (i) any thing in respect of which an offence under that Act or the regulations made under that Act has been or is reasonably suspected to have been committed; and

    (ii) any thing which there is reasonable ground to believe will afford evidence of the commission of an offence under that Act or the regulations made under that Act; and

    (iii) any document directly or indirectly relating to or concerning a transaction or dealing which is or would be, if carried out, an offence against that Act or the regulations made under that Act or under a provision of a law in force in a place outside Victoria corresponding to a provision of Part V of that Act; and






     
  2. Sophea

    Sophea Well-Known Member

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    Hi cuzzman,

    Yes, you should just read the warrant as if the struck out areas are not there at all. Its just the way that they customise it to the specific requirements of your situation.
     
  3. cuzzman1799

    cuzzman1799 Member

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    Hi Sophea,
    This has me stumped because the police stormed a house without announcing and searched a vehicle. I know they have provisions to enter premises under certain circumstances, say for instance someone was in danger, but this was not the case.
    How else could they ignore a warrant?

    Is it possible the note section below applies somehow?
    In 1(c) is "land" a catch all that includes the house, people, car, sheds etc.
     

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