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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70708
Experience:  Over 5 years in practice
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Sir/Madam I am to appear at police station as per my bail

Resolved Question:

Sir/Madam
I am to appear at police station as per my bail conditions, and i was just looking at the paperwork i recieved. I have just noticed that the search warrant for my property was dated 29/06/2014 and timed at 14:30 and was valid for 3 months from that date. The actual search was carried out 08/10/2014 at 09:15, nine days after the warrant expired. I was not at the property at the time, my lodger let them in, when i arrived at the property the search was in progress and belongings had already been siezed. Any feedback would be gratefully received.
David T
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
What would you like to know about this please?
Customer: replied 2 years ago.

Wish to know if the search was legal and what position does that leave the police in.

Expert:  Jo C. replied 2 years ago.
Are they relying upon anything that they found?
Customer: replied 2 years ago.

I'm not sure, they do have some evidence of online activity but that is minimal.

Expert:  Jo C. replied 2 years ago.
Does it incriminate you?
Customer: replied 2 years ago.

Yes i reckon it does. I sent an email with images of under 18s. I have little recollection, never downloaded images etc. I am a non dependant alcholic diagnosed with PTSD and aparantley suffering from social anxiety....on reflection sounds right. I could carry on but that digresses from the facts.

Expert:  Jo C. replied 2 years ago.
Ok
If the warrant had the wrong date on it then the search was unlawful.
That is not as good as it sounds though. In the early days of PACE he consequence for acting unlawfully was that they couldn't rely on the evidence obtained by the unlawful act. Those days have gone I'm afraid. The chances are they would still be able to use this evidence.
You would have to argue that it should be disallowed either under S78 PACE or on the basis that it amounts to an abuse of process but I wouldn't rely on either succeeding.
Obviously you can complain about this and if they caused any damage they would be liable for taht.
Can I clarify anything for you?
Jo
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