R v P & Anor

In the case of R v P & Anor, the applicants were charged with possession of dangerous drugs, and they sought to have evidence obtained from an unlawful search of their vehicle excluded. The vehicle, a Toyota Hi-Ace van, was parked in the driveway of 62 Jordan Street, Richlands in Queensland. The police conducted a search of the van without a warrant, claiming that they suspected drugs might be concealed or destroyed if they did not act immediately. The applicants argued that the search was unlawful, and that any evidence obtained as a result should be excluded from their trial.

The legal issues before the court included whether the police officers' suspicion that drugs might be concealed or destroyed was reasonable, and whether the officers had authority to conduct the search under section 31 of the Police Powers and Responsibilities Act 2000 (Qld). Additionally, the court had to consider whether the post-search approval application was made "as soon as reasonably practicable," given that it was not made until 28 days after the search. Finally, the court had to determine whether the evidence obtained from the unlawful search should be excluded from the trial under the general discretion to admit or exclude evidence.

The court found that the police officers did not have authority to conduct the search under section 31 of the Act because the vehicle and its occupants had not been detained. The court also found that the officers' suspicion that drugs might be concealed or destroyed was not reasonable in the circumstances. The court held that the post-search approval application was not made "as soon as reasonably practicable," and that the discretion to exclude evidence should be exercised. Accordingly, the evidence obtained from the unlawful search was excluded from the applicants' trial.

The court ordered that the evidence obtained from and during the search of the van be excluded from evidence to be admitted at the applicants’ trial. The applicants were granted liberty to apply for further orders.