Case Law

Question 1

Catley v R

Answer 1

It follows that evidential material is not confined to material relating to suspected offending by the person who is subject to the search. It may be evidence of any suspected offence in respect of which the search is being undertaken.

Question 2

R v Laugalis

Answer 2

In R v Laugalis, the Court of Appeal held that a search conducted pursuant to a warrantless statutory power was unreasonable because there were no urgent circumstances and a warrant could have been applied for.

Question 3

R v Neho

Answer 3

In that case, the officer who was to complete the application for the warrant accompanied others to secure the scene before beginning the preparation of the search warrant application. At the time of the purported exercise of the sec.117 power, therefore, it could not be said that the application was “about to be made.”