Doyle v Commissioner of Police

(2020) 285 A Crim R 349; [2020] NSWCA 11

NSW Court of Appeal

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Interrogate

Catchwords

1. Police
2. › Search warrants
3. › Issue of search warrant
4. › Eligible issuing officer's obligations
5. › Record of grounds relied on
6. › Whether issuing officer complied with statutory obligation to cause record of grounds to be made
7. › Whether pre-population of issuing officer's record by police officer vitiated warrant
8. › Whether warrant invalid for non-compliance
9. › Law Enforcement (Powers and Responsibilities) Act 2002 (NSW), ss 48, 62(3), 65
1. Police
2. › Search warrants
3. › Grounds for issue
4. › Reasonable grounds
5. › Whether bare assertion of reasonable suspicion without factual foundation sufficient
6. › Whether issuing officer gave real attention to application
7. › Law Enforcement (Powers and Responsibilities) Act 2002 (NSW), ss 47, 48, 62(3)
1. Police
2. › Search warrants
3. › Seizure of items pursuant to invalid warrant
4. › Whether return of seized items discretionary or as of right
5. › Whether discretion to be re-exercised on appeal
6. › Law Enforcement (Powers and Responsibilities) Act 2002 (NSW), s 49

Quick Take

Police officers applying for search warrants under LEPRA should not pre-populate the section of the application form designated for the issuing officer's record of grounds, as this practice may lead to a finding that the issuing officer failed to comply with s 65 and the warrant being declared invalid.