New South Wales Police Powers & Legislation Practice Exam

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What legal justification exists for police to enter a property without a warrant?

General suspicion of criminal activity

Imminent risk of harm or where they believe an offense is being committed

The legal justification for police to enter a property without a warrant primarily arises when there is an imminent risk of harm or when they have reasonable belief that an offense is being committed. This principle stems from the need for police to respond swiftly to prevent harm to individuals or the public, or to stop a crime in progress. Such situations are often considered emergencies where waiting for a warrant could result in irreversible harm or loss of evidence.

In cases involving imminent risk, police have the authority to act to ensure safety, safeguarding both individuals and communal security. For example, if officers receive a report of a violent disturbance where individuals might be in danger, they can enter the premises without a warrant to prevent further harm. Likewise, if they have reasonable cause to believe that a crime is currently being committed, such as witnessing a burglary in process, the warrantless entry is justified to apprehend suspects or secure the scene.

The other options highlight scenarios that do not meet the required legal threshold for warrantless entry. General suspicion of criminal activity, merely noisy neighbors, or claims about illegal substances do not provide sufficient grounds for immediate police action without a warrant. These conditions would typically necessitate evidence or further investigation before a police officer could enter a property legally.

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Noise complaints from neighbors

To investigate claims of illegal substances

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