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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 42629
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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A search warrant was executed in my home today. The warrant

Customer Question

Hi. A search warrant was executed in my home today. The warrant stated that my husband had unlawful possession of a dangerous drug namely cannabis on the 9/5/2016 (section 9 Possess dangerous drugs) & also that he did unlawfully supply a dangerous drug, namely cannabis to another person namely person or person unknown (Section 6- Supply Dangerous Drug)
I was clearly in shock that a warrant was being conducted asking why they were here, whilst trying to breathe properly and control heart palpitations due to my inability to cope witth stress due to my adrenal glands (stress induced). I have been un well for months now with multiple hormone imbalances, chronic fatigue, adrenal fatigue stage 3 which is classed as burnout & so I have spent most days in bed with only 3-4 hours of 'function' time, so it would be quiet acceptable to state that I had no idea that my husband may or may not have had possession of cannabis.
One of us was to be present in each room as they searched and I was called to the bathroom, the officer picked up a clip seal bag and questioned me, he asked me if i knew this was here, I didn't so I said no (im quiet stressed at the moment and cant think exactly what else i was asked but all answers were no, he asked if i knew what was in the clip seal bag, I said it looks to be marijuana ( In this day and age EVERYBODY knows what marijuana looks like and I am a former marijuana smoker, I gave up last year when I was sent to court for a minor offense of possession, (no conviction recorded) in saying this OF COURSE I know what it looks like!!!) He then asked if i could swap places with Hubby ( Kitchen) I did this as asked. I could not hear the conversation but it was later revealed to me by Hubby that he remained silent. The search continued and I was asked to provide the pin number for my phone so they could go through it, I without hesitation gave my pin number and stated I was happy for them to go through my phone but could they please not take it as it is the household phone and I have 2 children, he said no im not going to take your phone, I understand you have small children. The search once again continued and we both did exactly as we were asked, we gave them no grief etc, letting them search our cars etc. As it drew to an end I was presented with a receipt saying they were taking my phone with the promise that it be returned this afternoon ( literally 2 officers just returned it then 7.09pm) and the marijuana that was seized. I'm certain at this point I was asked for my car keys by another officer and I did not sign receipt.
At this stage all officers, myself and hubby were in the front yard, having a conversation ( we live in a small town, I feel drugs is a game out here and usually with no denial from the police, it will be a 'drug dealer' putting names in to defer the heat or it could be your family or friends,) The senior Sargent approached me with a notice to appear, & as I said I do not handle stress at all and immediately showed signs of distress, chest pains and general misbelief!! The other officers seemed to feel for me as I said I would now not be able to gain emplyment with Queensland Government (diploma of community services $12,000 started in Feb) Hubby at this point did not realize I had been given the notice. They began to leave, hubby realized the state I was in and asked why, I angrily said I just got the notice. He was fuming, he called out to the officers and stated that there was no way the marijuana was mine or that I knew about it & that it was his he told them it was wrong and could they tear up the notice to appear and write one for him. The officer said no, because I was an occupier of the house and I knew what was in the clip seal bag when he asked me if i knew what it was! Like I said of course I knew what it was when I was shown it!!!!! Hubby lost his cool a little and swore a few times, the officer literally laughed and said see you in court!
My questions are.... Why not ONCE was what was on the search warrant mentioned or why was hubby not questioned about possession/supply? If they were executing the search warrant due to this 'information' why was I charged and he wasn't (like I said not even questioned) Do you think this case could win not guilty or be dismissed if I give evidence of my health problems that I very vaguely described earlier. Bot***** *****ne, the whole thing seemed un canny, which seems to be what happens alot out here and more like the raid was conducted with ulterior motives. Also if the case was to be dismissed or I was found to be not guilty, do police then have the right to charge hubby?
Submitted: 6 months ago.
Category: Australia Law
Expert:  Leon replied 6 months ago.
Good EveningMy name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advice but a guide to assist you.Firstly you should have been told you have the right to remain silent. You should have been given the search warrant to read and it would have said what they had the right to do and search for. By you allowing them access to your phone etc you have given your consent even if the warrant did not give them the power to search your personal items. As an occupant you can be questioned but you have the right to remain silent and by not doing so you have given them something they can use against you. You have been chafed because of your comments and information you gave them. I would suggest you speak to a solicitor that practices in criminal law at legal aid and show them the warrant and tell them what happened. It may be the police have done the wrong thing and the information they collected cannot be used. The police can charge who they suspect and have evidence again. If they did not charge your husband I suspect they do not have evidence against him and this is why they did not charge him. It has nothing to do with them charging you and only want 1 defendant. If the evidence was there they would have charged both of you. I hope this makes sense and is of assistance. If there is nothing further thank you for using my services. If I have missed anything, or you have any further questions please let me know If there is anything else in the future please do not hesitate to ask. Please do not forget to leave positive feedback. RegardsLeon
Customer: replied 6 months ago.
Because we live in a small town, the police have knowledge of who we are (everybody) and KNOW there have been previous marijuana charges, I feel as though entrapment has partially played a hand here, he played on the fact I was answering his questions ( I was doing this to show co operation & out of good faith and thought honesty was best, ***** ***** my own free will) by him asking me if i knew what the substance was with his knowledge that I had previous dealings witth marijuana he knedw I would recognize what the substance was, how can that be accounted for yet my submissions of no knowledge of the marijuana being there not count for anything?? In your opinion could it be dismissed ? In your opinion could I be found not guilty or in your opinion would a plea of guilt with a section 10. If I have recieved 1 conviction not recorded for the exact same charge, is it possible to get again or not
Customer: replied 6 months ago.
Also again, if I was found not guilty, could my hubby then in turn be charged?
Expert:  Leon replied 6 months ago.
Good EveningThey cannot rely on past knowledge to charge you. They cannot rely on it to convict you. Each charge stands alone. They have to collect evidence to back up the new charges. He should have advised you that you had the right to remain silent. But it appears he failed to do so. Because of you getting a section 10 before you would not get one again. If they had evidence against your husband yes they could charge him if you are found not guilty.
Customer: replied 6 months ago.
I know you say that they can not but by no means does that mean they will not. Things go on out here all the time, roadside drug testing is NEVER random! It is targeted, to the point that 1 person may be pulled over and tested at least once a week, every second person seems to be a police informant regardless of what they are up to themselves for example, a particular ice dealer has been dealing for years, EVERYBODY has knowledge of this, he has been 'caught' time and time again yet is still walking around head held high, as is another marijuana dealer! Weird/unexplained happenings are a regular occurance, I honestly believe something needs to be done or at least investigated here on the police procedures. It feels at times they go by there own rules. Who can I contact about this? I have many examples I could use. I know im off topic I just wanted to give you a glimpse of what its been like. If I was to plead guilty, which I really dont want to do but if it was in my best interest I would, what outcome could you see? If I was to plead not guilty, do I have ANY chance at all? When they first executed the search warrant he did say you have the right to remain silent, as I said though I was in no mental state to comprehend what was really happening & was not reminded about this right when he was asking me about the clip seal bag, I have learned now that he DID
Customer: replied 6 months ago.
remind hubbby of his right to silence after he asked him 'what can you tell me about this?' If Hubby had of admitted ownership & knowledge would we then both have been charged?
Expert:  Leon replied 6 months ago.
Good Morning. You can complain to the police Commissioner. In relation to your outcome that all depends on the facts they have and their evidence. I would suggest you see a solicitor and get more detailed advice I can only guide. Your mental state may affect the outcome but that all has to do with you having committed the offence. It cannot be used if you did not because there is no crime to deal with. If there was an admission by him that he owned it he would have been charged. If they told him he had a right to remain silent and he did then they did their job in advising him.
Expert:  Leon replied 6 months ago.
Good Morning. I am just following things up. If there is nothing further can I just request that you rate my work so I can be paid. All the bestYou are very welcome and thank you for using my services. If I have missed anything, or you have any further questions please let me know If there is anything else in the future please do not hesitate to ask. Please do not forget to leave positive feedback. RegardsLeon