Court of Appeal Wellington
18 November 1992; 16 July 1993
Cooke P, Richardson, Casey, Hardie Boys, Gault, McKay and Thomas JJ
18 November 1992; 16 July 1993
Cooke P, Richardson, Casey, Hardie Boys, Gault, McKay and Thomas JJ
Criminal law — Evidence — Search and seizure — Police constable believing on reasonable grounds that a vehicle was escaping from an armed robbery — Cannabis found in search — Whether detention and search of vehicle was lawful under s 60 of the Arms Act 1983 — Whether failure to observe procedural requirements of s 60 rendered search "unreasonable" in terms of s 21 of the New Zealand Bill of Rights Act 1990 — Whether illegal searches are inherently unreasonable — Whether police constables have implicit statutory power or common law power to stop and search vehicles believed on reasonable grounds to be escaping from armed robbery — Arms Act 1983, s 60 — New Zealand Bill of Rights Act 1990, s 21.
Constitutional law — New Zealand Bill of Rights Act 1990 — Search and seizure — Police constable believing on reasonable grounds that a vehicle was escaping from an armed robbery — Cannabis found on search — Whether failure to observe procedural requirements of s 60 of the Arms Act 1983 rendered search "unreasonable" in terms of s 21 of the New Zealand Bill of Rights Act 1990 — Whether illegal searches are inherently unreasonable — New Zealand Bill of Rights Act 1990, s 21.
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