When in possession of a search warrant, police have the right to search your residence, vehicle, or person and seize any items that they suspect may be evidence related to a criminal offence. Even without a warrant, the police still have certain powers to conduct a search if they believe the person may be in possession of illegal material, such as dangerous drugs or stolen property.
When you are unaware of the law and your rights, this is a confronting sight to witness. That’s why we have created this blog to explore police property seizure in greater detail and explain your rights in such a situation. We also discuss how long the police are able to hold your seized property, and when it must be returned to you.
If you’re searching for the criminal lawyers Brisbane trusts to fight fearlessly for them in court, give us a call on 1800 558 533, send an email to enquiries@beavonlawyers.com.au, or reach out through our contact form.
Your Rights When It Comes to Police Property Seizure
If the police arrive at your home without a warrant and ask to come inside, you are legally allowed to refuse them entry. They must prove they have a legal right to enter your home, and if they do not and you do not wish to grant them access, simply send them away in a firm but polite manner.
Do not swear or attempt to aggravate the police, as anything you say may be recorded and used against you as evidence. Anything they take without a warrant or legal reason is considered unlawful seizure of property by police.
If the police claim they have a warrant to search your property, insist on seeing it. They must provide you with a copy with accurate information. Along with a warrant, the police must also inform you of the powers the warrant gives them, which typically includes police property seizure.
When police take something from you, they must provide you with a receipt to acknowledge their possession of your property. This receipt must describe the item seized and must either be handed to you or left in a noticeable place.
When Must Seized Items Be Returned?
If police seize an item from you, it must be returned to you within 30 days, unless it is considered evidence in a criminal offense. If charges have not been laid against you within 30 days, they may seek an order from the magistrate to retain possession of your property.
If 30 days pass and the item has not been returned or a court order has not been granted, you may make a claim of unlawful seizure of property by police to have the item returned to you.
What Happens to Your Property if it is Held for a Criminal Investigation?
If your property is deemed to be evidence in an ongoing investigation, it may be held until the criminal prosecution is completed. Once this occurs, the court will make a decision regarding your seized property.
Besides being returned to you, other outcomes include the property being destroyed, disposed of, or forfeited to the state due to being used in a crime or considered unlawful, such as illicit drugs or weapons. If your items are deemed forfeit, you have 28 days to apply to the magistrate to have the items involved in a police property seizure returned to you.
What Happens if Property is Seized Unlawfully?
If you believe unlawful seizure of property by police has occurred, we advise on contacting us immediately. You have rights, and if these rights are ignored during an unlawful police search, there is a chance to have your property returned and any potential charges dismissed.
Any mistakes made during the process, such as the warrant listing the wrong address or property being seized that is not covered by the terms of the warrant, can also lead to this evidence being inadmissible in future criminal proceedings due to being obtained by unlawful means.
Seeking Advice with Police Property Seizure?
Whether you believe you have suffered unlawful seizure of property by police or you have been served a receipt for your seized goods, it’s time to contact Beavon Lawyers. We possess extensive experience in all areas of law and are your rock-solid defence should your case proceed to court.
Whether you are seeking representation or simply some legal advice, reach us 24/7 through our contact form, by sending an email to enquiries@beavonlawyers.com.au, or calling us on 1800 558 533.
