Section 21 of the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) (‘the LEPRA’) provides that a police officer may, without a warrant, stop, search and detain a person, and anything the person possesses or controls.
If the officer suspects on reasonable grounds that the person possesses or controls:
Section 36 of the LEPRA provides that a police officer may, without a warrant, stop, search and detain a vehicle.
If the officer suspects on reasonable grounds that the vehicle:
An officer can search a person or vehicle without a reasonable suspicion if the officer has a valid search warrant, or if the officer has been given informed consent by the person to whom the search relates.
The search is illegal if police do not comply with these rules, and any evidence derived as a result of the search such as prohibited drugs, dangerous articles, or items used in the commission of an offence is subject to being excluded under section 138 of the Evidence Act 1995.
This provides that evidence derived improperly or in contravention of a law, or as a consequence of an impropriety or contravention of a law must not be admitted into evidence unless the desirability of admitting the evidence outweighs the undesirability of admitting evidence obtained in that way.
In making that determination, the court must take into account:
Kent Park is a legend.
Unfortunately I found myself in a position that I needed a lawyer. Although on the…
I highly recommend Lingwei Kong for legal representation. Lingwei combines professionalism with a personal touch,…
Hi all I ingaged lingwei to represent myself with a police matter at Liverpool court…