S v Miller and Others (SS13/2012)
S v Miller and Others (SS13/2012) [2015] ZAWCHC 118; [2015] 4 All SA 503 (WCC); 2016 (1) SACR 251 (WCC) (2 September 2015)
The court found that the section 205 subpoenas were validly issued, and minor errors such as a non-existent date did not invalidate them. The magistrate had sufficient information before him and exercised proper judgment. The police lawfully seized the cell phones under the Criminal Procedure Act and were entitled to access their contents for investigative purposes. ECTA and RICA do not prohibit such access, and the absence of a cyber inspector does not preclude police from examining lawfully seized devices. The court rejected the defence's reliance on the 'fruits of the poisoned tree' doctri…
Source excerpt
- Admissibility Of Evidence
- Search And Seizure
- Right To Privacy
- Electronic Communications
- Constitutional Exclusion
- Prevention Of Organised Crime