Why is a Search Warrant issued?
A search warrant is an official court order that is issued by a Judge or a Magistrate. A search warrant officially authorizes the police to enter a specific location and search its premises within a particular time and date for the purpose of gathering due evidence. Any police officer can apply for a search warrant if the need arises.
Conditions which prompt the police to raise a search warrant
The police authorities of a city are armed with discretionary rights to search any premises after a search warrant has been issued by the court. They have the official rights to search a location under the following circumstances:
- When the person being investigated gives his own consent
- When the authorities have a properly issued and detailed search warrant against the accused
- When the police have a reasonable suspicion, they can enter the premises to arrest or detain the accused
- The police can also enter a location in an emergency situation, when a person is injured or about to be harmed
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Powers of the police during a search warrant
- The police have full rights to enter and search the premises once they are armed with a proper search warrant.
- If refused access or entry to the said location, the police have the rights to use force if necessary and enter the premises.
- The police don’t have the right to search individual persons but they can search a person within the premises if they believe he is concealing something that’s connected to the search warrant.
- The police can search any part of the premises mentioned in the warrant and also have the right to detain any item described in the warrant.
Points to keep in mind during a search warrant:
- Remember to be polite to the police during a search operation. Take care not to be rude to any police officer.
- Any hindrance to the police or a search operation is considered to be an offence.
- Make sure to answer any question the police might have in relation to the search warrant.
In any scenario, it’s better to seek the services of an efficient Criminal Defence Lawyer in Perth. They have experience in dealing with all kinds of search warrants.
For more information, please get in touch with our highly trained team of experienced Criminal Defence Lawyers in Perth. For the best possible solution in such situations.