Where police conduct an illegal search due to an erroneous application of s 82 of the Drugs, Poisons and Controlled Substances Act 1981 in dynamic circumstances, and the grounds relied upon do not fall measurably short of reasonable grounds, the impropriety is properly characterised as careless or mistaken rather than deliberate or reckless, placing it at or below the middle of the spectrum of improper conduct for the purposes of s 138 of the Evidence Act 2008. A police direction to remain in a vehicle during an investigation does not, without more, constitute unlawful detention or false imprisonment.
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