R v Roulston - [1998] 2 NZLR 468

Criminal law — Evidence — Admissibility of evidence obtained during a search under Misuse of Drugs Act 1975 — Accused placing package in mouth during lawful strip-search — Police using force to eject package — Whether “internal search” — Whether search cruel and degrading treatment — Whether search or seizure reasonable — Applicability of justifications under s 41 of Crimes Act 1961 for purposes other than establishing whether a criminal offence has been committed — New Zealand Bill of Rights Act 1990, ss 9, 21 and 23(5).

Evidence — Admissibility — Misuse of drugs — Accused placing package in mouth during lawful strip-search — Police using force to eject package — Whether “internal search” — Whether search cruel and degrading treatment — Whether search or seizure reasonable — Applicability of justifications under s 41 of Crimes Act 1961 for purposes other than establishing whether a criminal offence has been committed — New Zealand Bill of Rights Act 1990, ss 9, 21 and 23(5).