Rizeq v The State of Western Australia

The High Court of Australia heard an appeal from the Supreme Court of Western Australia in the matter of *Rizeq v The State of Western Australia*. The dispute concerned the validity of a search warrant issued under the *Criminal Investigation Act 2006* (WA) and the subsequent seizure of property. The appellant, Mr Rizeq, challenged the lawfulness of the search and seizure, arguing that the warrant was invalidly issued.

The central legal issue before the High Court was whether the issuing officer had reasonable grounds to believe that evidence relating to a serious offence would be found at the premises to be searched, as required by section 76 of the *Criminal Investigation Act 2006* (WA). This involved an examination of the information presented to the issuing officer and whether that information was sufficient to form the requisite belief.

The High Court considered the nature of the belief required by section 76, noting that it must be an honest and reasonable belief based on information placed before the issuing officer. The Court analysed the evidence that had been presented to the issuing officer, determining whether it provided a sufficient factual basis for the belief that evidence of a serious offence would be found. The Court ultimately found that the information before the issuing officer did not establish reasonable grounds for the belief required by the Act, rendering the warrant invalid.

Consequently, the High Court allowed the appeal, quashed the search warrant, and ordered that the seized property be returned to the appellant.