2 Mar 2016
WILKINS v NEW ZEALAND POLICE [2016] NZHC 328
- Citation
- [2016] NZHC 328
- Court
- High Court
The High Court held the constable had reasonable grounds to believe it was not practicable to obtain a warrant and that immediate entry was necessary to prevent destruction or concealment of drug evidence given the appellant's admissions, imminent arrival of flatmates, resource and safety constraints; therefore s20 SSA authorised the warrantless search. Alternatively, if the search were unlawful, exclusion under s30 would be disproportionate because the intrusion was not in bad faith, evidence was central, offences were serious, and urgency and safety concerns justified the conduct.