Court of Appeal Wellington
8 July 1994
Cooke P, Richardson, McKay, Ellis JJ and Sir Gordon Bisson
8 July 1994
Cooke P, Richardson, McKay, Ellis JJ and Sir Gordon Bisson
Criminal law — Search and seizure — Whether lawful authority existed for search by prison officers of a vehicle outside prison precincts in which a prisoner had been returning from home leave — Powers of prison officers to search inmates — Whether taking from vehicle of a box in plain view is a search of the vehicle — Penal Institutions Act 1954, ss 2, 8 and 16 - Misuse of Drugs Act 1975, s 18(2) and 18(4) - Penal Institutions Regulations 1961 (SR 1961/161), reg 69(1).
Law enforcement — Enforcement agencies — Penal institutions — Powers of search of prison officers — Whether person searched an "inmate" - Whether person searched in "legal custody" of Superintendent — Penal Institutions Act 1954, ss 2, 8 and 16 - Penal Institutions Regulations 1961 (SR 1961/161), reg 69(1) - Misuse of Drugs Act 1975, s 18(2) and 18(4).
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