IPhone lands girlfriend of alleged bikie in court
POLICE had no right to detain the girlfriend of alleged bikie Harley Barbaro and seize her phone during a raid, her lawyers have argued.
Hayley Isabella Webb refused to provide her iPhone pin code to police, allegedly contravening an order, during a raid of Barbaro's Ashmore townhouse on February 5 this year.
The raid was targeting the alleged supply of cocaine from numerous dates between October 2019 and February 5.
Only Mr Barbaro was named on the warrant but it sought all communication devices that belonged to him, or that he had access to.
Webb appeared in Southport Magistrates Court on Wednesday charged with contravening an order about information necessary to access information stored electronically.
A hearing was held on Wednesday to determine whether the phone was lawfully seized under the warrant, and whether an order had been contravened.
Webb's iPhone 11 was found in the property's ensuite during the raid.
The court heard Webb told police it was her phone, but declined to provide the pin.
There was some discussion between police and Webb about whether it would be seized, how long for, and what would be done with it during that time.
Senior Constable Peter Wilmot, who gave evidence in court, said he had a strong suspicion Barbaro would use any mobile phones available to him, including Webb's phone, to allegedly supply cocaine.
But he conceded he was not aware if Mr Barbaro knew Webb's phone code.
Barrister Martin Longhurst, acting on behalf of Moloney MacCallum Abdelshahied Lawyers, argued the requirement to give the pin was not lawfully given as the phone was not lawfully seized under the warrant.
He also claimed Webb was not lawfully detained.
The court was told Webb's phone had been seized in November last year during a raid targeting another man. She provided her pin at the time and the phone was returned in January.
Sen-Constable Wilmot said Webb was not charged with any offence but information from the device was used to assist other investigations.
He said they did not attempt to try the pin given in November during the February raid.
The court heard police found an iPhone and a Samsung cipher phone, which can be used for secure communication, during the February raid.
Magistrate Kerry Magee reserved her decision.
Originally published as IPhone lands girlfriend of alleged bikie in court