R v BXT (No 2)

The case of R v BXT (No 2) involved an appeal by the applicant against the admissibility of evidence obtained from a search of his car. The search was conducted by police who had reasonable suspicion that the vehicle contained illegal drugs and possibly other illicit items. The applicant contended that the search was unlawful as the police did not have reasonable grounds for their suspicion. The court was required to determine whether the evidence obtained from the search should be excluded on the basis that it was improperly obtained.

The court considered whether the police officer had acted lawfully and whether they had honestly believed they had reasonable suspicion to conduct the search. The court found that Constable Turner had attempted to act lawfully and honestly believed he had reasonable suspicion as to the presence of drugs and possibly weapons in the car. The court also considered the factors identified in R v P, which generally weighed against the exercise of the discretion to exclude the evidence. The court concluded that Constable Turner had grounds which were reasonable in the circumstances for suspecting that drugs were in the Lexus when it was intercepted.

The court held that the search of the Lexus conducted on 5 December 2014 was lawful, and that the evidence resulting from it was obtained lawfully. Therefore, the application was dismissed. The court did not find it necessary to exercise the discretion to exclude the evidence as the search was lawful and the evidence obtained was not improperly obtained.