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Evidence Fails The Test - When a search warrant loses its power |
The law doesn't allow a search warrant to be suspended and then resumed. Any evidence seized following an unlawful suspension and resumption of a search warrant can be challenged in court. |
A common-or-garden search warrant - that is, not a phone or crime-scene warrant - will expire within a specified time (usually 72 hours after the time of issue) or once it is executed, whichever comes first. |
By 'executed' is meant the moment investigating police officers physically exit the relevant premises. To suspend a search warrant and then resume it again later is not allowed. |
In a recent case, five officers arrived at a woman's home with a warrant to search for prohibited drugs. One officer entered and found a glass water pipe and a glass plate containing what police referred to in their statements as a "green vegetable tobacco mix". |
The police asked questions about ownership of the material without placing the woman under arrest and cautioning her. Once the woman confirmed the items belonged to her and contained cannabis which she said she intended to smoke, the officers ceased searching the premises and two of them took her to the police station to be cautioned. |
After this, she was returned to her home and the search was resumed, with the police reporting that more green matter was found, along with notepads with names and amounts of money written beside them, mobile phones and various amounts of cash. |
However, in court the magistrate stated that the law simply does not allow for the suspension of search warrants and it could not be clearer on this issue. The reason for and length of the suspension are immaterial. |
Even though the actions of the police officers seemed motivated not by malice but by a genuine concern to ensure the person was treated according to the law, the magistrate held that in suspending and resuming the search warrant, police had obtained evidence in contravention of the law. None of the evidence obtained after the search warrant was suspended was allowed. |
