The Authority oversaw a Police investigation into a complaint officers entered the complainant’s Hamilton home late at night without consent, in search of someone who was suspected of committing a burglary moments earlier. Neither the suspected burglar nor anyone else connected to the burglary was located inside the house.
Police received a report of a bottle of alcohol having been stolen from a closed restaurant and were provided a brief description of the person responsible. A Police dog quickly tracked from the restaurant’s broken window to the front door of a nearby residential property where the complainant lives with his family.
The officers then spoke with the complainant who denied any knowledge of the burglary. The complainant then demanded that the officers leave. The officers instead attempted to explain that they intended to enter the property under section 8 of the Search and Surveillance Act 2012. This permits Police to enter a place without a warrant in very narrowly defined circumstances to avoid a suspected offender escaping or the loss of evidence. Despite further protestations by the complainant, the officers eventually entered and found no one connected to the burglary inside. The officers left soon after.
A Police investigation concluded that the entry and search conducted by the officers was lawful under section 8 of the Search and Surveillance Act. The Authority accepts that the power was open to the officers at the time and agrees that the entry was lawful.
IPCA: 24-24370