Court of Appeal Wellington
28 February; 2 June 1994
Cooke P, Richardson, Casey, Hardie Boys and McKay JJ
28 February; 2 June 1994
Cooke P, Richardson, Casey, Hardie Boys and McKay JJ
Criminal law — Search and seizure — Whether search lawfully embarked upon may become unreasonable due to manner in which it is conducted — Whether strip-search in public place is reasonable — Whether items that are not drugs may be seized as a result of a search under s 18(3) of the Misuse of Drugs Act 1975 - Misuse of Drugs Act 1975, s 18(3) - New Zealand Bill of Rights Act 1990, s 21.
Criminal law — Evidence — Prima facie rule of inadmissibility for evidence obtained in breach of the New Zealand Bill of Rights Act 1990 - Exceptions to prima facie rule — Inevitable discovery — Whether items obtained during unreasonable search may be admitted on the grounds of inevitable discovery when they could have been discovered had the search been conducted reasonably.
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