Bray v SA Police

In *Bray v SA Police*, the High Court of Australia considered an appeal from a decision of the Full Court of the Supreme Court of South Australia. The appellant, Mr. Bray, had been convicted of an offence under the *Controlled Substances Act 1984* (SA). The central dispute concerned the admissibility of evidence obtained by police during a search of Mr. Bray's vehicle.

The High Court was required to determine whether the search of Mr. Bray's vehicle was lawful under section 52 of the *Controlled Substances Act 1984* (SA), and consequently, whether the evidence obtained from that search was admissible in criminal proceedings against him. Specifically, the Court had to consider the scope of police powers to search vehicles under that section, and the circumstances under which such a search could be justified.

The Court reasoned that section 52 of the *Controlled Substances Act 1984* (SA) permitted a police officer to search a vehicle if the officer suspected on reasonable grounds that the vehicle contained prohibited substances. However, the Court found that the police officer in this instance did not have reasonable grounds for suspicion at the time of the search. The officer's suspicion was based on information that was vague and unsubstantiated, and therefore insufficient to satisfy the statutory requirement. Consequently, the search was unlawful, and the evidence obtained as a result was inadmissible.

The High Court allowed the appeal, quashed Mr. Bray's conviction, and ordered a new trial.