New Zealand Police v Frogley [2017] NZDC 14823

Published 09 February 2018

Oral judgment — validity of search warrant — possession of methamphetamine — possession of utensil — possession of taser — possession of ammunition — Criminal Disclosure Act 2008 s 16 — Search and Surveillance Act 2012 — Evidence Act. The defendant was charged with possession of methamphetamine, possession of a utensil, possession of a taser and possession of ammunition. The charges arise out of a search conducted of her house. The defendant, when questioned, accepted possession of all of the items barring the ammunition which she denied any knowledge of. The issue for the court was the legitimacy of the search warrant which enabled entry into the house. The court found that the redactions in the search warrant were made for legitimate purposes and that the search warrant was validly issued in terms of s 6 of the Search and Surveillance Act - even with a typographical error. Therefore, the evidence obtained during the search is admissible at trial. Judgment Date: 5 July 2017