Police power to conduct a search without reasonable suspicion in Australia: a comparative perspective

Gray, Anthony (2011) Police power to conduct a search without reasonable suspicion in Australia: a comparative perspective. European Public Law, 17 (2). pp. 331-347. ISSN 1354-3725

Abstract

This paper considers moves in three states in Australia, New South Wales, Victoria and Western Australia, to allow police in limited circumstances to conduct a search of an individual, without the need to show a reasonable suspicion that the person searched have evidence on them of a crime, or have committed a crime. Similar legislation was recently considered by the European Court of Human Rights, which found it to be incompatible with the rule of law in the European Convention on Human Rights.


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Item Type: Article (Commonwealth Reporting Category C)
Refereed: Yes
Item Status: Live Archive
Additional Information: Permanent restricted access to published verison due to publisher copyright policy.
Depositing User: Dr Anthony Gray
Faculty / Department / School: Historic - Faculty of Business and Law - School of Law
Date Deposited: 27 Apr 2011 02:22
Last Modified: 07 Jul 2014 05:18
Uncontrolled Keywords: reasonable suspicion, rule of law, police powers
Fields of Research (FOR2008): 18 Law and Legal Studies > 1801 Law > 180114 Human Rights Law
Socio-Economic Objective (SEO2008): C Society > 94 Law, Politics and Community Services > 9404 Justice and the Law > 940403 Criminal Justice
URI: http://eprints.usq.edu.au/id/eprint/18974

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