Post Search Process (PSP) - Procedure

Question 1

Procedure for Compensation - Resulting loss or damaged suffered due to search.

Ex) SW for drugs, drugs found - Owner is aware. Eligible for Compensation?

Answer 1

No.

Question 2

Procedure for Compensation - Resulting loss or damaged suffered due to search.

Ex) SW for dealing meth, no drugs found however credible/corroborated information. Eligible for Compensation?

Answer 2

No.

Question 3

Procedure for Compensation - Damage Caused to Rental Properties

Ex) Tenants are growing drugs, SW executed, drugs found however damage made to property due to SW. Landlords eligible for Compensation?

Answer 3

No - Owner’s insurance may cover for the repairs.

Question 4

Procedure for Compensation - Unreasonable searches or Unjustified Damage

Ex) SW for drugs, door unlocked - no justification to break it down. Eligible for Compensation?

Answer 4

Yes - Compensation may be available in respect of any claim.

Question 5

Procedure for Compensation - Mistake when a search warrant or powers executed.

Ex) SW for drugs - Wrong address, damage made. Eligible for Compensation?

Answer 5

Yes - Compensation may be available in respect of any claim.

Question 6

Procedure for Compensation - Mistake when a search warrant or powers executed.

Ex) Enters under Section 14 (Warrantless entry to prevent offence or respond to risk to life or safety) Eligible for Compensation?

Answer 6

No - Owner’s insurance may cover for the repairs.