28 Oct 2016
W v R [2016] NZHC 2579
- Citation
- [2016] NZHC 2579
- Court
- High Court
Initial access by an IT technician to a removable SD card fitted into a found tablet, undertaken by Police acting as sub-bailees to identify the owner, was a reasonable search; later warrantless access by investigators (Detective Shields and Senior Constable Parfitt) was an unreasonable search, but on balancing under s30 Evidence Act the impropriety was at the lower end, Police acted in good faith and exclusion would be disproportionate given the importance and centrality of the evidence, so the challenged images are admissible; appeal dismissed.