Australia Australia - William Tyrrell, 3, Kendall, Nsw, 12 Sept 2014 - #36

[gregjrichards]

The short answer to that is yes, I think so.

Not being either a police officer or a lawyer, I’d say if a police officer had reasonable grounds to suspect that a serious indictable offence was committed on a POI’s property or that evidence of that offence was concealed on that property, they would be able to exercise their crime scene powers under the Law Enforcement (Powers and Responsibilities) Act 2002 No 103, Part 7:

NSW Legislation

Thank you for posting this.

 

[Bohemian]

Thank you for posting this.

My pleasure. I just clicked on the link in my post and it didn’t work. Try this one:

NSW Legislation

Click on ‘Document’ on the top left hand side of the webpage and scroll down to Part 7.

ETA. Sheesh! That didn’t work either. Try copying the legislation title:

NSW Law Enforcement (Powers and Responsibilities) Act 2002 No 103

and pasting it into Google.

There’s a copy in this document too (see Part 7):

https://www.legalaid.nsw.gov.au/__d...forcement-Powers-and-Responsibilities-Act.pdf

 

[purpleandgreen]

The short answer to that is yes, I think so.

Not being either a police officer or a lawyer, I’d say if a police officer had reasonable grounds to suspect that a serious indictable offence was committed on a POI’s property or that evidence of that offence was concealed on that property, they would be able to exercise their crime scene powers under the Law Enforcement (Powers and Responsibilities) Act 2002 No 103, Part 7:

NSW Legislation

It seems they can, Bo. Wouldn't they need a warrant for this?

On Tuesday and Wednesday, forensic police and detectives extensively searched a set of rooms under the home, excavated part of the backyard and drained the septic tank of William Spedding's Bonny Hills property, near Port Macquarie on the NSW mid north coast.

..... Police are in the process of forensically examining and testing excavations from the burn-off pit, material from the septic tank and three paper bags of items taken from the rooms under the house, which is expected to take weeks.

William Spedding claims he had nothing to do with William Tyrell disappearance | Daily Mail Online

I wonder if they found anything there and in the bush search that matched? Or didn't?

 

[iailwa]

Search warrants is an interesting topic - i found a lay description for NSW (but written by a NSW legal team so it may indeed be biased

Do the Police have right to search my home...?

i remember from my studies - if police do get a warrant they have to stick to the terms of warrant - they need to be quite specific on what they are searching for before they go in. If anyone is in danger though (such as finding a victim in the search area, or if police find themselves or civilians in danger) then that changes everything.

I'm not exactly sure what happens if they find some item that wasn't on their list, although lists can be broad. Sometimes i think they some items can be inadmissible? anyone?

 

[sleepinoz]

It seems they can, Bo. Wouldn't they need a warrant for this?

On Tuesday and Wednesday, forensic police and detectives extensively searched a set of rooms under the home, excavated part of the backyard and drained the septic tank of William Spedding's Bonny Hills property, near Port Macquarie on the NSW mid north coast.

..... Police are in the process of forensically examining and testing excavations from the burn-off pit, material from the septic tank and three paper bags of items taken from the rooms under the house, which is expected to take weeks.

William Spedding claims he had nothing to do with William Tyrell disappearance | Daily Mail Online

I wonder if they found anything there and in the bush search that matched? Or didn't?

Speaking of Concrete Slabs Wonder when that was laid

William Spedding claims he had nothing to do with William Tyrell disappearance | Daily Mail Online

 

[purpleandgreen]

Speaking of Concrete Slabs Wonder when that was laid

William Spedding claims he had nothing to do with William Tyrell disappearance | Daily Mail Online

I think that was discussed way back not long after this search happened, sleep, but I can't find it now as only had time for quick search, sorry.

 

[sleepinoz]

I think that was discussed way back not long after this search happened, sleep, but I can't find it now as only had time for quick search, sorry.

Yes it was discussed, I'm just putting it out there for the newer members that haven't seen or discussed. If we're redoing everything, might as well go here

 

[iailwa]

Yes it was discussed, I'm just putting it out there for the newer members that haven't seen or discussed. If we're redoing everything, might as well go here

Daily mail always seems to have a lot of info!. wow. surely the police would have digged this area up??? I freaking hope so

 

[sleepinoz]

Daily mail always seems to have a lot of info!. wow. surely the police would have digged this area up??? I freaking hope so

I don't think it was, or if it was it wasn't reported.

DA approval was 26/09/14, but I don't know the date of work commencement.

 

[Eloise]

They might not have had to dig it up. They had access to ground penetrating radar IIRC.

 

[sleepinoz]

They might not have had to dig it up. They had access to ground penetrating radar IIRC.

If they did that, you think that MSM would have reported it, they reported just about everything else.

I hope they did.

 

[Eloise]

I remember the Ground penetrating radar conversation was specifically around using it closer to the FGMs home. However I don’t think the MSM reports about the BS search ever got that granular as to go into discussions about techniques used. I would like to think if they were using radar around the home then they’d use it anywhere else they were suspicious of at the time as well.

Certainly a concrete slab built around that time at a PoIs home is ... suspicious. And if we think of it, then so would Jubelin and co.

 

[Bohemian]

It seems they can, Bo. Wouldn't they need a warrant for this?

On Tuesday and Wednesday, forensic police and detectives extensively searched a set of rooms under the home, excavated part of the backyard and drained the septic tank of William Spedding's Bonny Hills property, near Port Macquarie on the NSW mid north coast.

..... Police are in the process of forensically examining and testing excavations from the burn-off pit, material from the septic tank and three paper bags of items taken from the rooms under the house, which is expected to take weeks.

William Spedding claims he had nothing to do with William Tyrell disappearance | Daily Mail Online

I wonder if they found anything there and in the bush search that matched? Or didn't?

I assume they would need a warrant for such an extensive search of a property but, as I said, I’m not a police officer or a lawyer.

It would be interesting to know if there was anything of evidentiary value uncovered during the recent searches.

 

[Bohemian]

Search warrants is an interesting topic - i found a lay description for NSW (but written by a NSW legal team so it may indeed be biased

Do the Police have right to search my home...?

i remember from my studies - if police do get a warrant they have to stick to the terms of warrant - they need to be quite specific on what they are searching for before they go in. If anyone is in danger though (such as finding a victim in the search area, or if police find themselves or civilians in danger) then that changes everything.

I'm not exactly sure what happens if they find some item that wasn't on their list, although lists can be broad. Sometimes i think they some items can be inadmissible? anyone?

I think the answer’s in your link:

‘Once inside the premises, Police with a search warrant may search all of the premises described in the warrant, and may remove any item mentioned in the warrant, or any other item believed to be connected with any offence.’

So as long as long as they have a search warrant they can basically remove anything they believe is connected to any offence.

 

[purpleandgreen]

I think the answer’s in your link:

‘Once inside the premises, Police with a search warrant may search all of the premises described in the warrant, and may remove any item mentioned in the warrant, or any other item believed to be connected with any offence.’

So as long as long as they have a search warrant they can basically remove anything they believe is connected to any offence.

And so they should be able to. That’s just commonsense, really, but I do know that sometimes the law can be an !

 

[butterstick]

Just out of curiosity... why do a few members keep saying “if William was abducted” ?
What are the other theories?
Does anyone believe William could have wondered further than the latest search area & succumbed to exposure?

WT wondering off on his own and dying of exposure seems so unlikely to me given dogs have not found a scent. But I can remember cases where cadaver/sent dogs were less successful than hoped.

Could of been manslaughter (hit by a car?) and subsequently covered up. This is not finger pointing to anyone in particular - could of been a passer by. But then again - no scent.

 

[purpleandgreen]

WT wondering off on his own and dying of exposure seems so unlikely to me given dogs have not found a scent. But I can remember cases where cadaver/sent dogs were less successful than hoped.

Could of been manslaughter (hit by a car?) and subsequently covered up. This is not finger pointing to anyone in particular - could of been a passer by. But then again - no scent.

Yep, a lot of could haves, butter stick, but LE have called it an abduction, so I believe that’s what it was, but of course I have no evidence, nor a link at this stage, so it’ll just have to be IMO

 

[Wexford]

I assume they would need a warrant for such an extensive search of a property but, as I said, I’m not a police officer or a lawyer.

It would be interesting to know if there was anything of evidentiary value uncovered during the recent searches.

I wonder if that warrant is required if the owner of the property willingly allows you to search it? Bearing in mind that this property is a rental, the owner is of course the landlord.

 

[sosocurious]

I wonder if that warrant is required if the owner of the property willingly allows you to search it? Bearing in mind that this property is a rental, the owner is of course the landlord.

Occupier’s Notice
Police executing a search warrant must give to a person who is at the premises an “occupier’s notice”. It must be handed to an occupier of the premises who is over 18. That notice sets out the details contained in the warrant. If the occupier wants to see the Warrant, the police must show that too. Entry can only be refused if the premises are not the ones named on the warrant or the time or date on the warrant has passed.

Police Search Warrants in NSW | Understand Criminal Law

 

[Wexford]

Occupier’s Notice
Police executing a search warrant must give to a person who is at the premises an “occupier’s notice”. It must be handed to an occupier of the premises who is over 18. That notice sets out the details contained in the warrant. If the occupier wants to see the Warrant, the police must show that too. Entry can only be refused if the premises are not the ones named on the warrant or the time or date on the warrant has passed.

Police Search Warrants in NSW | Understand Criminal Law

Thanks Soso. You would think the owner would have to at least be notified as it could (and in this case did) involve significant work.