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R v Pohatu [2018] NZDC 3375

Published 17 January 2019

Pretrial — admissibility of evidence — search warrant — unlawful possession of a pistol — unlawful possession of ammunition — Search and Surveillance Act 2012, s 107 — Evidence Act 2006, s 30. The defendant was facing charges of unlawful possession of a pistol and unlawful possession of ammunition. He submitted that the search that revealed the pistol and ammunition was unlawful. Police searched his dwelling-house after obtaining a warrant on the basis that another person who lived at the address was suspected of burglary. The burglary suspect had given the address when questioned by police. The defendant submitted that the warrant was not specific enough as it could have applied to three dwellings or a shed. The Crown did not dispute that point, but said the dwelling searched was the dwelling that was intended to be covered by the search warrant. It was acknowledged that best practice for the police would be to Google image search the addresses they intend to search. Despite this, the judge was not satisfied that the application for the warrant had any defect, irregularity, omission, or want of form, and no-one was misled. Therefore the warrant was lawful. The dwelling-house that was searched was the one that was intended to be searched, and no other dwelling was searched. Even if the search was not lawful, to exclude the evidence obtained would be entirely disproportionate to the impropriety of the search. The judge made an order for the admission of the evidence at the defendant's trial. Judgment Date: 26 February 2018.