SEARCH WARRENTS

  • Search Warrants
  • Without Search Warrants
  • What to do if contacted by Police
  • Police Questioning
  • Where a Police Officer demands your name & address
  • Right to Speak With a Lawyer
  • Right to Silence

WHEN THE POLICE ARE EXECUTING WARRANTS: WHAT TO LOOK FOR WHAT TO DO

If you are subject to a search warrant and unsure of your rights and Police powers contact us immediately.

When the Police Officer is executing a search warrant the Officer MUST give you a copy of the warrant.

If you are subject to a search warrant check the date of its issue. Search warrants issued because there are reasonable grounds for suspecting there is evidence of the commission of an offence or confiscation related evidence at a place remain current for seven days from the date of issue. After seven days has passed the warrant has no effect.

A search warrant must state—

  1. that a police officer may enter the place and exercise search warrant powers at the place; and
  2. if the warrant is issued in relation to—
    • offence—brief particulars of the offence for which the warrant is issued; or
    • a forfeiture proceeding—the Act under which the forfeiture proceeding is authorised; or
    • a confiscation related activity—brief particulars of the activity; and
  3. any evidence that may be seized under the warrant; and
  4. if the warrant is to be executed at night, the hours when the place may be entered; and
  5. the day and time the warrant ends.

A police officer has the following powers under a search warrant (search warrant powers)—

  1. power to enter the place stated in the warrant (the relevant place) and to stay on it for the time reasonably necessary to exercise powers authorized under the warrant and this section;
  2. power to pass over, through, along or under another place to enter the relevant place;
  3. power to search the relevant place for anything sought under the warrant;
  4. power to open anything in the relevant place that is locked;
  5. power to detain anyone at the relevant place for the time reasonably necessary to find out if the person has anything sought under the warrant;
  6. if the warrant relates to an offence and the police officer reasonably suspects a person on the relevant place has been involved in the commission of the offence, power to detain the person for the time taken to search the place;
  7. power to dig up land;
  8. power to seize a thing found at the relevant place, or on a person found at the relevant place, that the police officer reasonably suspects may be evidence of the commission of an offence or confiscation related evidence to which the warrant relates;
  9. power to muster, hold and inspect any animal the police officer reasonably suspects may provide evidence of the commission of an offence or confiscation related evidence to which the warrant relates;
  10. power to photograph anything the police officer reasonably suspects may provide evidence of the commission of an offence or confiscation related evidence to which the warrant relates;
  11. power to remove wall or ceiling linings or floors of a building, or panels of a vehicle, to search for evidence of the commission of an offence or confiscation related evidence.

Also, a police officer has the following powers if authorised under a search warrant (also search warrant powers)—

  1. power to search anyone found at the relevant place for anything sought under the warrant that can be concealed on the person;
  2. power to do whichever of the following is authorised—
    • to search anyone or anything in or on or about to board, or be put in or on, a transport vehicle;
    • to take a vehicle to, and search for evidence of the commission of an offence that may be concealed in a vehicle at, a place with appropriate facilities for searching the vehicle.

Power to do anything at the relevant place that may cause structural damage to a building, may be exercised only if the warrant—

  1. authorises the exercise of the power; and
  2. is issued by a Supreme Court judge.

Queensland legislation governing police powers continually changes and if you are in doubt you should contact us.

Call us Now –
Wynnum (07) 3893 3388
Cleveland (07) 3821 6288

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