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QLD Wrong Name and Address on Search Warrant - Get Off Charges?

Discussion in 'Criminal Law Forum' started by Wanting to know, 2 July 2015.

  1. Wanting to know

    Wanting to know New Member

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    We got issued with a search warrant this morning but the police had the wrong name and address on it. We had just woken up and when they asked for my partner to sign the paperwork, he did not thinking.

    Can we get him off these charges?
     
  2. Sophea

    Sophea Well-Known Member

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    Unfortunately even though the warrant was incorrect and had your flat mate read it he could have refused to allow them to enter and search the premises. Sometimes, evidence that is obtained illegally (i.e. without following proper process) cannot be used in court, however since your flat mate allowed the police to enter the search and any evidence turned up in it, may be considered valid anyway.

    I would speak to a lawyer about this.
     
  3. Tim W

    Tim W Lawyer

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    I agree with @Sophea - it's time for a lawyer.

    The aim of your defence will be to have anything they found at your house
    kept out of evidence (lawyer-speak for this is "not admitted into evidence", or "inadmissible").
    The idea being that without that evidence, there will not be enough to support a conviction.

    It depends a bit on what actually happened.

    On the one hand, if they searched the "right" premises and they found what they were looking for,
    even though the warrant was simply written wrongly, then I doubt that the warrant would be invalid,
    and so chances are, any "finds" would be admissible.

    On the other, if they went to the place on the warrant, but that was not the target premises
    (that is, not the place they were supposed to be searching), but,
    found "something" (that is evidence of an unrelated offence) they weren't actually looking for
    (and which, but for making a mistake, they would not have found), then
    I'd be willing to have a good go at getting that kept out.
     
  4. james martin

    james martin Guest

    The warrant should not be valid. If the warrant gives them permission to search the home of Richard Johnson at a specific address and they search the home, but it belongs to David wilson then they have a problem. Keep in mind that nothing is ever cut and dried. These types of disputes will usually end up being litigated, and the DA will suggest an innocent mistake and claim no prejudice and request that the search be validated.
     
  5. Tim W

    Tim W Lawyer

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    That might be the case in California.
    I'm not so sure that's how it works in Queensland.
     

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