A safe custody warrant under s 598 of the Children, Youth and Families Act 2005 (Vic) authorises police only to search for and remove the named child; it does not authorise any search of premises or electronic devices for information about the child's whereabouts once it is established the child is not present. Where evidence is obtained pursuant to a lawful search warrant that was procured solely as a consequence of an earlier unlawful search by the same investigative body, the causal connection between the impropriety and the evidence is direct and powerful, distinguishing the 'tenuous' connection found in Kadir. In assessing the gravity of police impropriety under s 138(3)(d), courts must have regard to the specific conduct constituting the impropriety, including the conduct of supervising officers who condoned the unlawful search, not merely the actions of the officer who physically conducted the search. The standard of appellate review for s 138 determinations remains unresolved.
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