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Search Warrants:

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In New South Wales, the police have the power to search premises suspected of being connected with an offence.  In very broad terms, to execute the search warrant, the police must show an occupier’s notice to the occupier of the premises encompassing the details of the search. Once the occupier has a chance to see the warrant, they must not hinder or resist the police officer from carrying out his or her duty in accordance with the search warrant.

Police must comply with the terms of the search warrant and there are particular timeframes within which such warrants may be executed. In undertaking a search warrant, the police officer must only search at the premises described in the warrant and may only remove items mentioned in the warrant.

Occupier’s Notice

The occupier’s notice must be served upon entry onto the subject premises and if not possible to serve it then, the notice must be served as soon as practical after entry onto the premises. The occupier’s notice must be served on a person who appears to be the occupier of the premises and is over eighteen (18).

If you are served with an occupier’s notice, you should look for the following information:

  • The name of the person who applied for the warrant;
  • The date and time upon when the warrant may be executed;
  • The address or description of the premises; and
  • The items listed to be the subject of the search.

Such information must be included in the search warrant and you have the right to be informed of the information.

Search warrants can appear at your doorstep suddenly. You may be aware of the reason for the warrant or you may not. In either case, you should obtain legal advice to ensure you are aware of your rights and responsibilities.

Issue of a Search Warrant

For a search warrant to be issued, a police officer must apply for the warrant, preferably in writing and set out the grounds as to why there is a need for such a warrant. The grounds must relate to the existence of something that is connected with an indictable, firearms, drug, larceny or child pornography offence.

Where the issuing justice does not believe the reasons for the search warrant to be compelling enough to issue the warrant, a search warrant will not be issued. If a warrant is issued, it will usually expire within 72 hours of its issue unless otherwise extended.

Covert Search Warrants

A covert search warrant allows a police officer to search premises without the consent or knowledge of the occupier.

Such a warrant is an extreme breach of privacy and may be abused. For that reason, covert search warrants are limited to investigations of suspected serious offences with penalties equal to or more than seven (7) years imprisonment. They may only be issued by the Supreme Court of New South Wales.

A covert search warrant may only be granted if the person authorising the search warrant suspects on reasonable grounds that there is or will be, within ten (10) days, a thing that is connected with a searchable offence and it is necessary to enter the premises and perform the search without the knowledge of the occupier of the premises.

Offences for which a covert search warrant may be issued include:

  • Drugs;
  • Computer crimes;
  • Sale of firearms; and
  • Murder.

No occupier’s notice is required to be issued prior to the execution of the covert search warrant. The issue of an occupier’s notice may be delayed up to six (6) months after the execution but not more than eighteen (18) months. 

If you have been subject to a search warrant, you should obtain legal advice immediately. Our specialist Sydney Criminal Lawyers and search warrant have extensive experience in the issue and execution of search warrants. Contact our firm on (02) 9233 4048 today to book a consultation, or send an email to info@navado.com.au.

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