Miller v Commissioner of Police NSW

In *Miller v Commissioner of Police NSW*, the plaintiff, Mr. Miller, sought to challenge the validity of a search warrant issued under the *Crimes Act 1900* (NSW) and the subsequent seizure of property. The Commissioner of Police, as the defendant, sought to uphold the legality of the warrant and the seizure. The matter came before the Supreme Court of New South Wales.

The central legal issue before the Court was whether the search warrant, which authorised the search of Mr. Miller's property for "any property that is reasonably suspected of being stolen property," was sufficiently particular to satisfy the requirements of the *Crimes Act 1900* (NSW) and the common law. This involved considering the scope of the power to issue search warrants and the level of specificity required in describing the items to be searched for.

The Court reasoned that a warrant must specify with reasonable particularity the items to be seized. While the warrant in question did not list specific items, it did refer to "stolen property" in a general sense. However, the Court found that the description was too broad and lacked the necessary particularity to justify the intrusion into Mr. Miller's property. The Court applied the principle that powers of search and seizure are significant intrusions on individual liberty and property rights, and therefore must be exercised strictly within the bounds of the law, with warrants being specific in their authorisation.

The Court concluded that the search warrant was invalid due to its lack of particularity. Consequently, the seizure of property pursuant to that warrant was also unlawful. The Court made orders setting aside the search warrant and declaring the seizure of property unlawful.