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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 118272
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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Okay me n my partner had a search warrent on our place last

Customer Question

Okay me n my partner had a search warrent on our place last month and the police officer who requested the warrent is my partners step uncle.. Would this be a conflict of interest if they found something and charged us both.
JA: Since laws vary from place to place, what state is this in? And when was the warrant issued?
Customer: Its in victoria
JA: Have you talked to a lawyer yet?
Customer: The warrent was issued on the 18th of July and actually searched on the 25th of July. Yes I have but we both have only realised this over the weekend
JA: Anything else you want the lawyer to know before I connect you?
Customer: That's is all so far
Submitted: 11 months ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Yes, it is not just a conflict of interest, but it is also acting impartially for him to act in any matter in which he has some personal relationship. So, if any arrests followed the warrant, you can object to the warrant in court. You can also seek return of any property that was not illegal or contraband. If the court finds the warrant illegally obtained, then anything found as a result cannot be used against you in trial.
Customer: replied 11 months ago.
Will the court ask for any sort of proof in regards ***** ***** officer being the step uncle of my partner.. And would it be best to get my lawyer to question the prosecutor before being heard before the court..
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your reply.
Yes, the court will require proof of the relationship, you cannot just make such an allegation without proving it. It would many times be best for the lawyer representing you or your partner to present the evidence of the relationship to the DA before court and sometimes the DA will decide that rather than taking it to court they will dismiss the case at that time.