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What is an Illegal Search in New South Wales?

The Law Enforcement (Powers and Responsibilities) Act 2002 requires police in New South Wales to have a reasonable suspicion that a person possesses, or a vehicle contains, something that is stolen, illegal, dangerous or used or intended for use in the commission of an offence in order to conduct a lawful search without a warrant.

A search is unlawful if police fail to comply with these rules, and any evidence derived as a result, such as drugs or other illegal items, will be inadmissible in court if the desirability of admitting the evidence is outweighed by the undesirability of admitting evidence obtained in that manner.

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