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Court of Appeal Wellington
CA 116/00
10 April; 26 July 2001
Elias CJ, Richardson P, Thomas, Keith and Blanchard JJ
CA 116/00
10 April; 26 July 2001
Elias CJ, Richardson P, Thomas, Keith and Blanchard JJ
Criminal law — Police powers — Search — Person stopped by police on roadside and detained for inquiries — Arrested and strip-searched at police station — Whether unlawfully detained at roadside — Whether police at roadside had ceased acting in execution of duty — Whether power to search at police station — Whether search reasonable — Transport Act 1962, s 66.
Police — Powers — Search — Person stopped by police on roadside and detained for inquiries — Arrested and strip-searched at police station — Whether unlawfully detained at roadside — Whether police at roadside had ceased acting in execution of duty — Whether power to search at police station — Whether search reasonable — Transport Act 1962, s 66.
Constitutional law — New Zealand Bill of Rights Act 1990 — Whether detention unlawful — Whether power to search at police station — Whether search reasonable — Police Act 1958, s 57A.