10 Aug 2016
ALAMOTI v R [2016] NZCA 402
- Citation
- [2016] NZCA 402
- Court
- Court of Appeal
Leave to appeal was granted but the appeal was dismissed: Detective Graham's rub-down search of Alamoti was lawful (s85 and assisting powers); searches of the vehicle and motel rooms involved errors of law because the searching officers did not properly form or consider the s20(c) and s15(b)(ii) beliefs about risk to evidential material, but the evidence obtained was not excluded under s30 because the improprieties were minor/inadvertent, intrusion was low given context, evidence was highly probative and exclusion would be disproportionate.