Key Takeaways
Search warrants can be challenged if it is defective enough or
the execution of it was illegal. A challenge can either be made
directly to the Supreme Court for a remedy in the form of an order
declaring it be set aside or quashed, or the alternatively less
expensive and usually more efficient avenue of challenging the
warrant during the hearing of the case under section 138 Evidence
Act in order to try to exclude the warrant, and any evidence
obtained as a consequence of the illegality or impropriety that has
rendered either the warrant or its execution defective or
unlawful.
The law that governs the issue and execution of lawful search
warrants is reflected in the Law Enforcement (Powers and
Responsibilities) Act 2002 (NSW), called 'LEPRA' for short.
Corresponding LEPRA is the Law Enforcement (Powers and
Responsibilities) Regulation 2016 (NSW) ('LEPRAR'). Other
than search warrants, other types of warrants include arrest warrants and bench
warrants.
