I am being charged with 6 charges, I have a disclosure, I don't believe that the search was lawful. 27th of May is

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Customer: I am being charged with 6 charges, I have a disclosure , I don't believe that the search was lawful
JA: What were you charged with exactly? Do you have any upcoming court dates?
Customer: Yes, 27th of May is court, I am being charged with Assault with a blunt Instrument, assault on family relations x2, meth utensils, cannabis plant , threatening to kill, and misuse of medicines act
JA: In what state did the assault occur?
Customer: New Zealand, palmerston north
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I don't think so
Answered by Chris The Lawyer in 1 hour 2 years ago
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Chris The Lawyer
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Chris The Lawyer, Expert

Hi
I am a New Zealand lawyer based in Wellington and will help you with your question today. Please give me a minute to read your question
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Chris The Lawyer, Expert

If the search was unlawful that may help with some of the charges. Under the Evidence Act the judge has a discretion about whether the evidence should be admitted if there was a mistake or the search was unlawful and there will need to be a pre trial hearing on this. Why do you think it was unlawful?
Customer
They did not have a warrant to search the property, also, what happened was and it is worded in the disclosure, that the police went back to the station, took a statement from the alleged victim, and then returned to the property to conduct the search, meanwhile the property had been left open and unattended for a period of time
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Chris The Lawyer, Expert

Some issues do not need a warrant such as drugs. If they arrived at the property and were invited in that would also affect this. The gap in the search is not good, as they shoul have left a police officer there in charge of the scene
Customer
A small amount of drugs/utensils were found, they were not invited in, the door was closed. No I am sure that a police officer wasn't left as it stated when the officers left and when they returned. should I send a copy of my disclosure through to you? Can I email it?
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Chris The Lawyer, Expert

I think the assault charges are the main issue here and the search warrant issue probably doesn’t affect this. Possession of the utensils and other drug issues will possibly have some issues with the search but the violence offences will attract the heaviest sentence. So getting the drug offences removed won’t affect the end result
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