Friday, February 8, 2019

[ACT] Room searched, I think illegally. What do I do, how do I get my belongings back?

My room was searched about 2 weeks ago after I overdosed in my room and was taken to hospital. The overdose involved a legal new prescription which had the severe side effect of apparently causing me to act irrationally and take more drugs as well as lose memory of the events of the night. I only have (now deleted) conversation logs with friends to go off for what happened. While I was in hospital, my room was searched for the purpose of finding evidence for drug related crime.

A search warrant was left at the premises which detailed the basis on which the search warrant was issued and my rights. Included in these rights was the right to be present during the execution of the search warrant, however, I was never given this opportunity due to being in hospital. I don't know when the search warrant was executed. No other people live at my address who would have been present. It's possible one of the staff members at the place where I live was present on my behalf but would they be allowed to bypass my right to be present like this? I haven't yet confirmed whether this was the case. After searching my room, they left a massive mess which took me multiple days to clean up.

I've read my rights for the execution of the search warrant and a few things are of note: it seems that they're only allowed to hold my electronic equipment for up to 24 hours and have to give me notice beforehand, and they should have allowed me to be present during the execution of the search warrant.

Many things were taken from my room, some of which were quite silly and definitely would not be useful in any legal proceeding. I'm quite annoyed about them being gone because I need them to get along with my daily life. The items taken include:

  • Drugs and drug paraphernalia
  • My diary (very personal and I'm extremely upset about this)
  • A bottle of 5-HTP (legal substance)
  • My scales which I use for legal purposes
  • My encrypted mobile phone and my old broken encrypted mobile phone
  • Multiple spoons/measuring spoons?????
  • Drug testing kits and fentanyl test strips
  • 20 physical bitcoin (no monetary value)

I have asked for my phone back and was refused on the basis that I would not provide my password. I also refused an interview with the police. I have not spoken to them outside of this.

I also have been told I'm on "probation" from the place where I live for breaching my rent agreement and have had multiple conditions attatched to my being allowed to continue to live there. I haven't been proven guilty yet, are they allowed to do this?


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