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Unlawful Search & Trespass

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For the police to have a right to search your premises or vehicle(s), they must obtain a search warrant from the Magistrate’s Court. If they don’t do this then they don’t have the power to perform the search, and you could be entitled to compensation.

What rights do the police have with a search warrant?

If the police have obtained a search warrant, they are within their legal rights to force entry to your premises or vehicle(s), even if you have refused them entry. They can also enter and perform the search if you are not present, the premises or vehicle(s) are not occupied, or if they have ‘reasonable grounds’ to believe that if they do not enter the premises or vehicle(s) a person may be in danger.

How can I claim compensation?

If the police have performed a search without a warrant, or if the warrant was unlawfully obtained or executed against you, you could be entitled to compensation.

Our team of experts have years of experience in dealing with these types of cases and are on hand to assist you with your claim.

Police Trespass Claims

In most cases, the police enter a person’s property because they have a search warrant or permission to go inside. However, in some cases, the police trespass on property without an invitation. This is against the law. You should remember that sometimes the police have the legal right to enter your property. They are able to do so if:

  • You have given them permission to enter.
  • An arrestable offense is being committed within your property.
  • They have a warrant or court order to enter.
  • For the preservation of life.

If you feel that the police have trespassed on your property, and would like to see the officer/s held accountable to their actions, our expert team can help.

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