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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22310
Experience:  37 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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Just a quick question if two policemen come to my place of

Customer Question

hi just a quick question if two policemen come to my place of business and said they had a search warrant searched and didnt leave a warrent is this illegal is there anything that can be done
thank u
Submitted: 1 year ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 1 year ago.

This is in the Search and Surveillance Act which says

131Identification and notice requirements for person exercising search power (other than remote access search)

(1)

A person exercising a search power (other than a remote access search) must,—

(a)

before initial entry into or onto the place or vehicle or other thing to be searched,—

(i)

announce his or her intention to enter and search the place, vehicle, or other thing under a statutory power; and

(ii)

identify himself or herself either by name or by unique identifier; and

(iii)

if not in Police uniform, produce evidence of his or her identity; and

(b)

before or on initial entry into or onto the place or vehicle, or other thing to be searched, provide the occupier of the place or the person in charge of the vehicle or other thing with—

(i)

a copy of the search warrant; or

(ii)

if the power is exercised without a warrant, the name of the enactment under which the search is taking place and the reason for the search under that enactment unless it is impracticable to do so in the circumstances.

So you should have been given a copy of the search warrant, and it is possible that the search may be illegal

Customer: replied 1 year ago.
where do I go from here I would like something done as I had customers in my business it could tarnish my business reputation
Expert:  Chris The Lawyer replied 1 year ago.

Info for contact has been sent

Expert:  Chris The Lawyer replied 1 year ago.

http://www.ipca.govt.nz/

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