5 Jun 2015
SWAIN v R CA120/2015 [2015] NZCA 216
- Citation
- [2015] NZCA 216
- Court
- Court of Appeal
s7 did not authorise entry where the belief was that only the person's body would be found because s7 is for arresting a living person; s15 might have applied but urgency to justify warrantless entry was not established; even if the initial entries were not authorised, exclusion under s30 was disproportionate given the circumstances, and the evidence was admissible.