Police power to conduct a search without reasonable suspicion in Australia: a comparative perspective
Article
Article Title | Police power to conduct a search without reasonable suspicion in Australia: a comparative perspective |
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ERA Journal ID | 33309 |
Article Category | Article |
Authors | |
Author | Gray, Anthony |
Journal Title | European Public Law |
Journal Citation | 17 (2), pp. 331-347 |
Number of Pages | 17 |
Year | 2011 |
Place of Publication | Netherlands |
ISSN | 1354-3725 |
1875-8207 | |
Web Address (URL) | http://www.kluwerlawonline.com/toc.php?pubcode=EURO |
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. |
Keywords | reasonable suspicion, rule of law, police powers |
ANZSRC Field of Research 2020 | 489999. Other law and legal studies not elsewhere classified |
Public Notes | Files associated with this item cannot be displayed due to copyright restrictions. |
Byline Affiliations | School of Law |
Institution of Origin | University of Southern Queensland |
https://research.usq.edu.au/item/q0qqx/police-power-to-conduct-a-search-without-reasonable-suspicion-in-australia-a-comparative-perspective
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