Commissioner of Police v Eaton

The Commissioner of Police (NSW) appealed to the High Court of Australia against a decision of the New South Wales Court of Appeal, which had allowed an appeal by Mr Eaton against a decision of the Supreme Court of New South Wales. The dispute concerned the validity of a search warrant issued under the *Crimes Act 1900* (NSW) and the admissibility of evidence obtained pursuant to that warrant.

The High Court was required to determine whether the search warrant was validly issued, specifically whether the information provided to the issuing officer was sufficient to establish reasonable suspicion that an indictable offence had been, or was being, committed. A further issue was whether, if the warrant was invalid, the evidence obtained should have been admitted under the proviso to section 138 of the *Evidence Act 1995* (NSW), which allows for the admission of improperly or illegally obtained evidence if its probative value outweighs the public interest in preserving the integrity of the administration of justice.

The Court held that the information before the issuing officer did not establish a sufficient basis for a reasonable suspicion that an indictable offence had been committed. The information was vague and lacked the specificity required to justify the intrusion of a search warrant. Consequently, the warrant was invalid. The Court then considered the proviso to section 138 of the *Evidence Act 1995* (NSW). Applying the principles established in *Ridgeway v The Queen* and *LPA v The Queen*, the Court found that the public interest in admitting evidence obtained under an invalid warrant, particularly where the invalidity stemmed from a lack of reasonable suspicion, outweighed the public interest in preserving the integrity of the administration of justice. The Court therefore allowed the appeal, admitting the evidence.