GPM v The Queen - SC 37/2009

Summary

Appeal against pre-trial ruling. Police investigating a burglary stopped a car in which the appellant was a passenger. Whether stopping the car was lawful despite police acting under a wrong statutory power when an alternative statutory power was available; Whether the continued search of the appellant’ s car after what had initially been thought to be weapon was actually a metal thermos was lawful; Whether evidence obtained during the continued search of the car and the resulting searches of the appellant and the appellant’ s house was admissible.[2009] NZCA 121   CA  743/2008   6 April 2009

Result

Application for leave to appeal dismissed. 3 June 2009

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