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Police And Acc Anyone Know ????

#1 User is offline   Huggy 

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Posted 12 October 2006 - 07:58 PM

Does anyone know how long police can hold onto objects that were seized in a search warrant ????? Taking into account the police have no interest in the case or any prosecution.

The items seized are in police custody and to my knowledge have not made it into ACC hands as of yet.

If they go to ACC how long can they hold onto the items especially with no charge having been laid.
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#2 User is offline   Witchiepoo 

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Posted 13 October 2006 - 07:22 AM

Contact the Fraud Squad or your local community constable and ask them ? Surely they would give you an honest answer !!! One would hope anyways .........
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#3 User is offline   Simple 

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  Posted 13 October 2006 - 08:12 AM

A large area near the town of Halle was cordoned off after a "flabby red, orange and green substance" was found by the road, Reuters reported.

Fire officers in protective suits spent two hours inspecting the substance before concluding it was jelly.
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#4 User is offline   Huggy 

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Posted 13 October 2006 - 08:19 AM

Well the school got rung today after weeks of waiting for all their accounts to be returned.

They have been in police custody for 5 weeks now.

No one has even looked at the info yet.

Someone is coming into the police on Sunday to go through the accounts and select the stuff that they want and will return everything to the school on Monday.

Talk about a load of shit.

They have removed much more than they were permitted to remove at the execution of the warrant.
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#5 User is offline   Alan Thomas 

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Posted 13 October 2006 - 09:00 AM

Section 198 of the Summary Proceedings Act controlling search warrants confirmed that only police are able to collect items. If the police that know what that collecting making have an expert along such as the ACC. In reality it is the tale wagging the dog in this case as the police do not know what they are looking at.

Section 199 of the summary proceedings act requires that the items seized at a search warrant must be returned within three months unless items discovered that to be used in a criminal prosecution. If items are retained this means there is going to be a criminal prosecution.

Those items retained will be presented at depositions at sometime in the future. The defence lawyer will then challenge the relevancy of the items retained.

The reality is that an ACC cases the police are never involved and don't know what they are looking at. 18 to pass the whole matter over to the ACC whereby effectively the ACC continue on with a private prosecution. This is where the ACC tends to consider they are a law to themselves and not return any items thus defeating any chance of a defence against their private prosecution.

If faced with a search warrant it is best to aggressively nip the allegation of fraud in the bud as a further you allowed to go a more secure the ACC position will become concocting more and more circumstantial evidence for their hypothesis that fraud exists. If fraud and truly does exist it is best to front up with the exact level of fraud so as to prevent an allegation being worse than reality.
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