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New Zealand Police v Taukiri [2018] NZDC 319

Published 27 August 2018

Possession of a pipe — admissibility of evidence — evidence found in consequence — cause to suspect that defendant had committed an imprisonable offence — good reason to detain — pre-trial. The court was asked to determine the admissibility of evidence found as the result of the defendant's arrest. The defendant had been arrested on suspicion of another charge and was discovered to have a methamphetamine pipe in her possession when she acted in a suspicious manner at the police station where she appeared to be attempting to conceal something. The defendant's initial detention by the police was challenged on the grounds that there was no good cause to suspect that the defendant had committed an imprisonable offence and that the arrest itself had been unlawful. The court found that the situation before the arresting officer was not unusual and that the Sergeant had good cause to suspect that the defendant had committed the offence of theft and that the fact that further inquiries could be undertaken or the number of suspects did not render the Sergeant's belief unjustified. As the court had found that the arrest was justified, the evidence found subsequent to that arrest was not improperly obtained and therefore admissible. Judgment Date: 11 January 2018.