Police receive information that a suspect's house is being used to manufacture large quantities of drugs for sale interstate - HSC - SSCE Legal Studies - Question 14 - 2016 - Paper 1
Question 14
Police receive information that a suspect's house is being used to manufacture large quantities of drugs for sale interstate.
In which of the following situations c... show full transcript
Worked Solution & Example Answer:Police receive information that a suspect's house is being used to manufacture large quantities of drugs for sale interstate - HSC - SSCE Legal Studies - Question 14 - 2016 - Paper 1
Step 1
A) A warrant has been granted.
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Answer
In this situation, the police can search the suspect's house. A warrant is a legal document issued by a judge that allows law enforcement to conduct a search, provided they have probable cause.
Step 2
B) A summons has been served.
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In this case, a summons does not grant police authority to search a house. A summons is typically a document that orders an individual to appear in court and does not involve search powers.
Step 3
C) The prosecutor authorises a search.
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The prosecutor alone does not have the authority to authorise a search of the suspect's house unless a warrant is obtained. Police require a legal basis such as a warrant or specific exceptions to search a home.
Step 4
D) The Public Defender authorises a search.
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Similarly, the Public Defender does not possess the authority to authorise a police search. Their role is to represent the suspect in court, not to grant search permissions.
