Items lawfully seized during execution of a search warrant but not named or described in the warrant are seized 'under a search warrant' for the purposes of s 78(6) of the Magistrates' Court Act 1989 (Vic), and the Magistrates' Court has jurisdiction to order their return. The common law extension of search on a search warrant (chance discovery principle) is inherently associated with and incidental to the warrant, not an independent common law power. Provisions alleviating State interference with private property are to be construed broadly, in contrast to the strict construction applied to provisions authorising such interference.
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