Search Warrants Act 1985 (NSW)

[nf0]

Hey all,

 

I was reading this and thought that some of you growers might be interested in seeing how you might be of risk to a search warrant...

 

http://www.austlii.edu.au/au/legis/nsw/con...act/swa1985175/

 

Some points to consider:

 

A member of the police force may apply to an authorised justice for a search warrant if the member of the police force has reasonable grounds for believing that there is or, within 72 hours, will be in or on any premises ... a thing connected with a particular narcotics offence

 

Most of you know this. The difficult part is determining which basis for a warrant is reasonable... there's a great deal of room for grey area there. Of course, it not only extends to narcotics offences, but just about any indictable offence.

 

A person executing a search warrant shall produce the warrant for inspection by an occupier of the premises if requested to do so by that occupier.

 

You always have a right to ask for the warrant, and to see it.

 

A person authorised to enter premises pursuant to a search warrant may use such force as is reasonably necessary for the purpose of entering the premises.

 

Again we see the term reasonable, without giving any clear examples. A pity that police don't share the same view of reason that we do.

 

It's clear that anything a magistrate deems to be reasonable is enough to justify police searching our homes. Just how far does this extend? Obviously a magistrate will issue a warrant for something that provides a direct connection to unlawful activity... such as photographic evidence. But what about activities that may only possibly be a connection?

 

I'm going to try to come up with some cases that might shed some light on this grey area...

 

Other acts of interest:

 

Police Powers (Drug Premises) Act 2001

 

Drug Misuse and Trafficking Act 1985

[Cronic_la_jar_jar]

I agree Nfo , Straight up Bullshit . But what can we do . Greens wont be able to change that one considering that law was just put in a couple years back .

[Tom]

If the cops come knocking on the door with a warrant you should co-operate with them, piss them off and they have the right to knock holes in your walls if they want.

 

A law can be changed or dropped at any time from it's moment of inception, any politically aware person knows that.

 

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[sols]

g'day cronic; you say....."Greens wont be able to change that one considering that law was just put in a couple years back ".

 

what do the Greens have to do with anything in this thread?????

did you forget that Greens did not win on the 22nd of march????

 

 

or are you referring to the Labor Party????

[Cronic_la_jar_jar]

However true that may bee tom , I dont think a goverment is going to quickly amend something they spent years trying to get in . if ya get my drift

[nf0]

You think this one is bad? Have you heard about the bill Bob Carr is trying to pass through NSW parliament? Maybe it's gone through already. He wants to give police the power to enter ANY PREMISES if they suspect it is somehow linked with an act of terrorism. Maybe you've heard of it. It's called the Terrorism (Police Powers) Bill, and it has me rather worried for the state of our ... uhh ... state ::

 

How many cops are going to abuse these new powers? And how easy would it be for them to knock down your door (looking for terrorists, pfft whatever) and bust in on your stash?

[sols]

g'day; i did hear about that new bill.

USA already has that Bill Enacted, it allows police with reasonable suspicion of terrorist activities the right to enter your home, wether your home or not, they can search for anything and do not legally have to inform you that they were there.

due to terrorism they want to be able to search 1st then get warrant later.

they are also setting up a camera to monitor the public, in location to be kept 'secret', due to percieved threats from anti-war protesters.(not terrorists).

 

some may say....."if you got nothin to hide you got nothin to fear".....BULL-FUCKIN-SHIT!!!!!!!!

 

EVERYONE, WITHOUT QUESTION, HAS SOMETHING TO HIDE.

 

George Orwell wrote book titled '1984' (in circa, 1930).....unfortunately, he seems very accurate.

 

 

p.s; those who claim they got nothin to hide, please send copy of your visa/mastercard number plus your banking details to my PM. mobile phone number is optional.

 

(above p.s is only joke )

[Tom]

EVERYONE, WITHOUT QUESTION, HAS SOMETHING TO HIDE.

 

George Orwell wrote book titled '1984' (in circa, 1930).....unfortunately, he seems very accurate.

Yeah, a grow room, and wouldn't Big Brother like to catch me with that.

 

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[pipeman]

I know a guy who is an ex NSW policeman, and he said often they would trash a place if they were pissed off at the residents without even searching for anything. They'd empty draws and cupboards, break things, throw everything around on the floor and just walk out. A lot of the time the residents didn't even do anything to provoke them, its just that a lot of cops in the Western suburbs are snobs and look down on people in poor areas as human trash and have absolute disdain for them and just treat them like animals.

 

Some of them are animals but, the ex-cop I know and his partner got called to a domestic and when they are called to certain houses with people who are known criminals or have hepititus/aids etc they are warned. Anyway this woman had hepititus so they kept their distance but she spat into the partner's mouth from halfway across the room. He held her down and emptied his bottle of capsicum spray down her throat. The woman almost died and was hospitalised and the cop caught the hepititus. who is the bigger animal in that scenario? hard to tell really.

 

the stories he tells me of some of the shit that went on is amazing to me, like its from another world.

[pipeman]

aside from begging for crooked cops to abuse this new power, the law just doesn't make sense. If a cop hasn't got enough evidence to get a search warrant then why should they have the right to invade your privacy?

 

I tell ya, if Australia accellerates down the US path of insanity I will seriously consider moving to another country.