A court must properly examine whether a search warrant is justified in the circumstances of the case.
Our expert panel of solicitors will ensure that any search warrants issued to grant the correct power to the court and investigators have been issued correctly.
Problems with search warrants
In cases established a few years back, the courts had not been as rigorous as needed when granting applications for warrants leading to warrants being successfully rejected.
A court issuing a search warrant should understand that this course of action should not be taken lightly, as a person’s individual rights are being invaded and therefore requires a careful investigation from the investigating officer that such an invasion is justified.
How can we help?
A Search Warrant must:
- Include only authorised material that is relevant to the period of the time being investigated
- Not allow legally privileged or excluded material to be seized
- Clearly identify which material is allowed to be seized and from which location
In the first instance we will obtain the necessary documentation that shows why a search warrant has been issued. We will then consider whether it has been lawfully obtained and make the necessary application to the high court.
- Check if a search warrant was properly obtained
- Speak to police or other agencies involved in the search
- Speak to agencies and police about the offence in question
