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Australia
search warrantssection 75vinjunction
Smethurst v Commissioner of Police
(2020) 272 CLR 177
Key Principle
A search warrant is invalid if it fails adequately to identify, or substantially misstates, the offence to which it relates, because that prevents the executing officers and the occupier from knowing the lawful scope of the search; but unlawfulness in obtaining material does not automatically entitle the subject to a mandatory injunction requiring its return or destruction.
Area of Law
criminal
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