VIC search warrants and rights

[Kellysanderson1100]

hello,
Looking for some help in understanding my rights when searched by police please.
I believe that I was searched unlawfully and my property seized. There have been charges against me due to this search which I did not give permission for.
at what stage of the court proceedings does this get raised to the judge? Can it be raised prior to a contest hearing ?
As my understanding is at present that if the search is in fact unlawful that the evidence found from the search is not allowed to be used as evidence and I could get it back? Is that true?

 

[Tim W]

Was it your person, or your house (or car) that was searched?

 

[Kellysanderson1100]

Was it your person, or your house (or car) that was searched?

It was my car
But I wasn’t speeding, I have my licence and no fines

 

[Bill Murray]

Speeding has nothing to do with it.

They can pull you over for whatever they want - it can be random.

They then can form reasonable suspicion to search your vehicle. Considering they located illicit items I'd be surprised if they could not articulate reasonable suspicion.

Turning over a car takes ages. We don't do it for shits and giggles - something really has to get our attention for us to bother doing it.

 

[Clancy]

Yea, whatever book of rights you think you have, you can burn it at the alter of 'reasonable suspicion'.

 

[Kellysanderson1100]

Ok I get what your saying but that wasn’t my question.
My question is
AT WHAT STAGE OF THE COURT PROCEEDINGS IS THIS INTRODUCED?

 

[Kellysanderson1100]

And for the record I never said they found illicit products at all so if you are going to comment please pay attention and give an objective opinion instead of jumping to conclusions and commenting on something that is totally irrelevant to the question at hand yeah.
Typical police officer!

 

[Bill Murray]

They obviously did...

You're specifically asking at what stage you can raise the prospect of a search being illegal to have evidence excluded... If nothing illicit was uncovered then you have nothing to exclude.

Raise it either at the case conferencing stage (assuming Vic has this) or in a pre-trial directions hearing.

You will struggle to get evidence uncovered which arose from reasonable suspicion thrown out.

 

[Clancy]

And for the record I never said they found illicit products at all so if you are going to comment please pay attention and give an objective opinion instead of jumping to conclusions and commenting on something that is totally irrelevant to the question at hand yeah.
Typical police officer!

No, you did say they found illicit products.... Just not in those exact words.... By saying there was a search which resulted in charges.
I struggle to imagine any circumstance where charges would occur from a search resulting in no illicit item/evidence being found??