QLD Bail Breach - Police Response Legal?

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

roddor

Member
2 October 2014
2
0
1
Hi ,

Ok, I am on bail and required to report on Monday, Tuesday and Friday.

Last Friday, I did not report as I was unable to right

Well Monday morning next when I went to the police station to report, I was arrested for breaching my bail conditions as I failed to report the previous Friday. I stated I was ill and was not able to attend. This was not good enough and my bail was revoked and I was taken into custody!

I was handcuffed and thrown in a divy van and my possessions including my mobile phone was taken from me as standard procedure. On the journey, I observed the officer going through my phone checking emails, text, etc., certainly without my consent, and at destination the officer stated he saw a text saying I was interstate the previous weekend and that my phone would be confiscated for evidence!

OK, is this legal since he had no search warrant, etc. to access my phone and/or confiscate it? Almost everyone says 'DID HE HAVE A WARRANT'?

Any advice would be great thanks.
 

Amanda E

Well-Known Member
9 April 2014
154
22
454
Hi @roddor
Which State or Territory are you located in?
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
5,036
830
2,894
Sydney
Constable Friendly does not need a warrant in these circumstances.
If you were ill then you should provide a medical certificate to the court when your breach of bail matter comes up.