Laptop Seizure – Acquittal – Illegal Search

Here our client was found near a firehall in the Sorrento area at night. Police had attended the firehall to check the truck to determine its registration that it was not stolen and to determine the sobriety of the driver. When the police approached the truck, the driver continued for 50 meters before they stopped. The police executed a high-risk takedown of our client who was a senior. No weapons were found on our client and our client was searched and it was concluded that he had some hard liquor. He was arrested by the police on obstruction of the police. He registered a fail on the ASD. One of the police officers located a laptop computer on the passenger seat and said that he saw the screen of a laptop open. The officer scrolled through the computer and saw what he believed to be child pornography.

Defence Action

Mr. Verdurmen argued that our client had been arbitrarily detained. The search of the vehicle had been unreasonable. The search of the laptop was unreasonable.

Decision

The Supreme Court trial judge found that our client was arbitrarily detained. The search of his vehicle was unlawful. The search of the laptop screen was unlawful. In the event that the results of the laptop search were considered to be inadmissible as evidence in the trial and further that the statements subsequently given by our client to the police after the search of the laptop were also unlawful and excluded from evidence.

Client: 31777

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