QLD drug possession, supply

[darren77taylor]

hi all, I've been charged with drug possession and supply. they had a search warrant. it did not have my whole full name and spelt incorrectly. Is the search warrant invalid?

 

[darren77taylor]

can they convict

 

[sammy01]

You're trying to beat a drug conviction based on a spelling mistake?

Yes they can convict.

 

[darren77taylor]

You're trying to beat a drug conviction based on a spelling mistake?

Yes they can convict.

Not just a spelling mistake they didn't have my full name only part of it. There is 2 middle names they only had one?

 

[darren77taylor]

Hi not just a spelling mistake. But they didn't have my full middle name

 

[sammy01]

Yeah the judge will convict them of being lazy.
The judge will convict you of drug posession. What the cops did was a very minor oversight.

The warrant had your details. Address? DOB? First and last names? with a spelling oopsy? But clearly you were the person they intended to search and when they searched you they found drugs and no doubt the warrant was a warrant to search for drugs and you reckon you're gonna be able to convince a magistrate that you should go free because of a very very minor oversight? Because they only had ONE of your two middle names? FAR out.... Mate what drugs are you on?

 

[Bananatree]

The search warrant is issued for the address not the person. Some search warrants do not name the occupier. As long as the details of the place to be searched are correct the warrant is valid.

 

[Jaywoo220]

Spelling mistakes will not get you out of it. Some people have real long names and multiple middle names. If that worked every crim would change their name to Taylor John Terry Rocket Redog Reginal Reginard Robinson XXXIIIVVVI.

 

[MrE]

The Court has a discretion to exclude evidence where there was procedural irregularities or stuff ups, or illegal conduct. The reality is that they performed the search and they found drugs. This means that the likelihood of a Court excluding the evidence that was found on the basis of a minor issue like a mis-spelling of a name, is close to zero. Absolutely they can convict.