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My legal matter concerning an application for a Domestic Violence Order was managed by Mr Thomas Allen. I am grateful for the outcome he obtained. Without Mr Allen and his ongoing support, I would be certain of a different result. It has been an extremely stressful period. Mr Allen’s astute ability to liaise on my behalf and his expertise was invaluable and for which I am grateful as I am now able to move forward. Thanking you
I would like to take this opportunity to thank Armstrong Legal and specifically Mr Thomas Allen for representing me in my recent case. At the outset, I would like to thank Mr Allen for the very professional delivery of his legal service. From the first time that I met Mr Allen, I was very impressed with his demeanour and delivery as he made me feel at ease knowing the severity of my case. Mr Allen not only gave me the possible positive outcomes of the case but also the realisation of the worst-case scenario as far as sentencing goes. … I will certainly be recommending Armstrong Legal to any of my friends or family needing representation in criminal matters. Thank you so very much.
Thank you for your representation and help. Fingers crossed for the next step and parole. I just want to say that from the first phone call to your office, your service has been outstanding and have put my mind at ease. I am glad I picked your number to ring.
Thank you Armstrong Legal, the lawyers that have helped over the past 3 years but more importantly, thank you to Thomas Allen for the major part you and Mr Buckland played. Cannot thank you enough. Cheers.
Hi all. I would like to thank Ms Lisa Riley for all her help with my legal issues this past month. It was the most harrowing experience of my life and thanks to her expertise, professionalism and knowledge of the law, I came out almost unscathed. I have no hesitation in recommending Lisa Riley and Armstrong Legal if you need help. The service is amazing and the cost was very minimal for the great outcome. Thank you Lisa for helping me in the most difficult time.
I just want to thank you from the bottom of my heart. My whole life I was thrown away, you made me feel like I did mean something. I could not have asked for a better lawyer. Your compassion and love for your job is inspiring. Your upfront and honesty were muchly appreciated, you are a beautiful person. Thank you for not giving up on me and thank you for all the work you put in. I wish you all the best for the future and I will be recommending you to everyone I know. You're amazing!!!!
I just wanted to thank you for representing me on Monday, I was overjoyed & relieved with the outcome. I don’t think it could have gone any better. All the best, I hope you got to celebrate this one instead after work, you forever made a difference in my life.
I know I thanked you before we parted company but please allow me to reiterate in writing my sincere deepest thanks for defending me in court today. … Armstrong Legal certainly has a great Lawyer you are a credit to the company and I'm quite sure you will secure a very successful future! … My Kindest Regards and Thanks
Throughout Angela has been the consummate professional. She maintained a calm, yet strong demeanour remained informative and completely open in her communication and took complete ownership of the situation. We felt confident we finally had an advocate to steer us out of the nightmare we were in, and she did so with great respect and sincerity. I cannot speak more highly of Angela. She has literally rescued our family from what looked very much like a hopeless future.
Words can’t describe how grateful I am to Trudie Cameron being my solicitor and to Andrew Tiedt presenting my case in the court. They both have been very supportive and amazingly professional and effective. I’ve got an absolutely fantastic outcome I couldn’t even dream about.
Soon after meeting Andrew I knew he was the solicitor I wanted to handle my matter. He immediately sprang into action which brought me stability and hope during a tumultuous time in my life. Andrew was never afraid to give me straight answers to my tough questions which is a true mark of integrity. He is clearly at ease in the court environment and I believe his calm and measured demeanour went a long way to helping me secure the best result from my day in court. I would certainly recommend you approach Andrew if you need assistance.
"Andrew Tiedt was very professional and considerate to personal circumstances and gave sound advice that resulted in the best outcome possible. Highly recommended."
When Police Can Enter Private Premises (Vic)
There are three ways police are authorised to enter private premises in Victoria: with the occupier’s consent, with a warrant, and with a right under statute or common law. This article explains the circumstances in which police can enter a premises with and without the occupier’s consent.
To enter and search with consent
Section 264 of the Victoria Police Act 2013 sets out the right of the police officer and the procedure to be followed.
If an officer reasonably believes a person is committing or has committed a serious offence and the officer has consent to enter the property, they can search the premises and seize anything they consider to be connected to the offence. This seizure right extends to documents, allow an officer to:
- require a document to be produced;
- examine, copy or take extracts from the document;
- remove the document to make copies of take extracts from it.
A police officer cannot enter and search any private premises unless, before occupier consent is given, the officer has:
- produced their police identification; and
- informed the occupier:
- of the purpose of the search;
- that the occupier can refuse consent to a search and seizure of property;
- that the occupier can refuse consent to the taking of samples or the copying of documents found during a search;
- that anything seized or taken during the search can be used as evidence in court.
The officer must ask the occupier to sign an acknowledgement that the officer showed identification and provided the information listed above. That acknowledgement must also state that the occupier consented to the entry and search, and the date and time of that consent. If the occupier consents to the seizure of taking of anything during a search, the officer must ask the occupier to sign an acknowledgement. If a signed acknowledgement is not provided to a court or tribunal during a proceeding, it must be presumed the occupier did not consent to entry and search or to the seizure or taking of anything.
To execute a warrant
A police officer can enter premises to execute a search or arrest warrant.
Under section 267 of the Act, a police officer can apply to a magistrate for a search warrant if the officer reasonable believes there is, or will be in the next 72 hours, on a private premises or in a vehicle, evidence of a relevant offence.
Under section 64(1)(a) of the Magistrates’ Act 1989, a police officer can enter private premises to arrest a person if the officer has a warrant. The warrant allows the officer to break, enter and search any place where the person named in the warrant is suspected to be, and arrest that person.
Conditions of a warrant
A warrant allows a police officer to enter private property legally but the warrant places limits on the officer’s powers.
To be valid, a search warrant must state:
- the purpose of the search and the nature of the alleged offence;
- any conditions on the warrant;
- whether entry is authorised at any time or during specific hours;
- the day, not later than 28 days after the issue of the warrant, on which the warrant ceases to have effect.
In executing a search warrant, the officer must announce that they are authorised by the warrant to enter the premises, and give any occupier the opportunity to allow entry. These requirements are waived and immediate entry is permitted if the officer reasonably believes the safety of a person is at risk or the effective execution of the warrant could otherwise be frustrated.
The officer must identify themselves to any occupier and provide them with a copy of the warrant.
To locate an offender
Under section 459A of the Crimes Act 1958, a police officer can enter and search a private premises without a warrant if they reasonably believe a person who has committed a serious indictable offence or an offence elsewhere equivalent to a serious indictable offence in Victoria, or who is escaping from legal custody, is at that premises. A serious indictable offence is an offence punishable on first conviction with a prison term of five years or more.
Under this section, the officer is permitted to use reasonable force to enter the premises.
To prevent family violence
Under the Family Violence Protection Act 2008, a police officer can enter a private premises without a warrant if they reasonably believe family violence is occurring or has occurred, or a person there has breached an intervention order or family violence safety notice.
To stop a breach of the peace
A police officer can enter a private premises without a warrant to stop a breach of the peace, such as to break up a fight or stop excessive noise.
For advice or representation in any legal matter, please contact Armstrong Legal.
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