QLD Stale Information on Search Warrant - Help?

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Neil64

Active Member
7 December 2016
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Hi

I'm going to court to fight a charge by the police. It's a minor charge. Anyway, on 28/8/1016, the police forcibly entered my premises and issued a search warrant. The warrant reason says "on 14/7/2015, I was in possession of dangerous drugs and utensils, namely canabis and methamphetamine".

I don't understand how they can validate reasonable grounds considering the reason was over a year and a month old. Also the officer said he attended the justice of the peace's place at 9.25am approx and the warrant is stamped 9.25am.

How could a jp peruse any information considering such a time difference in minutes and approve it? Surley the information is stale and the jp is rubber stamping? Also my last criminal conviction was 29 years ago when I was young and was very minor.

Need help on this ASAP.
 
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Tim W

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28 April 2014
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Tim W

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28 April 2014
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See if there is a Duty Solicitor at the court to whom you can speak.

Mere typos (such as your own in the post above)
are not generally fatal to the validity of a warrant.
 

Rod

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Interesting. I thought the courts take a strict view on search warrants due to their invasive nature. Unlike infringements which are minor in nature.
 
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Tim W

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They do.
If the court had been as hard line as is typical,
then it would probably not have granted the warrant
if the information had been, so to speak, stale.
Which is why I think typo, rather than "stale info"
 

Neil64

Active Member
7 December 2016
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4
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They do.
If the court had been as hard line as is typical,
then it would probably not have granted the warrant
if the information had been, so to speak, stale.
Which is why I think typo, rather than "stale info"
Hi the court didnt grant the warrant a justice of the peace did, I have had a meeting with the police prosecutor who is aware of the dates on warrant and has not mentioned it being a typo or such and is quite fine with the large gap,, I also had a locked gate which police had to come around the side and broke in , so they were denied entry by way of locked gate , which means i have grounds to fight any warrant if there is a issue as far as i know.
The police also said in there brief that the officer arrived at the justices place to apply for the warrant at approx 9.20 and notably the warrant is signed at 9.20 by the j.p
indicating to me that the j.p rubber stamped the warrant.
 
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Rod

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Tim W

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so they were denied entry by way of locked gate , which means i have grounds to fight any warrant if there is a issue as far as i know.
Ummmmm, no.
There is legislation Queensland that allows police to enter land to execute a warrant,
and to use force to enter where that is necessary.
In any event, even the common law "home is his castle" thing that people think exists, doesn't.