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Patrick H.
Patrick H., Lawyer
Category: Australia Law
Satisfied Customers: 5422
Experience:  Dip Law LPAB - Sydney based lawyer
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If I was to have a search of my property conducted by the

Customer Question

If I was to have a search of my property conducted by the police and the search warrent wasn't filled out properly or was incomplete? Does it help in any way when fighting any charges that may be laid in the course of the warrant?
Submitted: 2 years ago.
Category: Australia Law
Customer: replied 2 years ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Patrick H. replied 2 years ago.

Hello and thank you for your question.

It certainly may, but it is not a black and white issue. If the search obtained evidence in circumstances where the search was not done according to law, a court may strike the evidence out, but the court has a discretion which it may or may not use depending on various considerations. Only a fully briefed lawyer familiar with the nature of any defect in the search warrant, the nature of the evidence and the circumstances of the alleged offence can give you firm advice about the prospects of the court stricking out such evidence.

If you are the person being charged, then I would recommend you engage a criminal lawyer to the court is properly pressed to strike out any incriminating evidence that may have been obtained illegally. If you need help locating a suitable lawyer contact the Queensland Law Society as they can refer you to an appropriate lawyer in your area:

http://www.qls.com.au/Home

I trust the above assists your understanding.

Good luck and please rate my answer.

Patrick

Expert:  Patrick H. replied 2 years ago.

I note you have reviewed but not rated my answer.

Please rate my answer so I can be paid for my time and effort.

I am paid out of the funds you previously deposited, there is no further charge for rating my answer.

Thanks,

Patrick