you are a junior solicitor working at the CDPP. Assume that: (a) the search warrant is granted to search the home in Toorak; (b) the executing police officers mistakenly assume that they also have a warrant to search any cars and proceed to search a car (CHONK1) registered to a Joan Guzman which is parked on the nature strip of the Maple Lane, Mildura property; (c) whilst searching the car, the executing police officers find two mobil

you are a junior solicitor working at the CDPP.
Assume that:
(a) the search warrant is granted to search the home in Toorak;
(b) the executing police officers mistakenly assume that they also have a warrant
to search any cars and proceed to search a car (CHONK1) registered to a
Joan Guzman which is parked on the nature strip of the Maple Lane, Mildura
property;
(c) whilst searching the car, the executing police officers find two mobile phones
registered to ‘Joan Guzman’ of 13 St George’s Road, Toorak and another in
the name of ‘Narelle Corby’ of 65 Carlton Street, Wagga Wagga, New South
Wales.
(d) 2.4 kg of methamphetamine (‘ice’) in the boot in a toolbox with a sticker on the
lid saying, “vase cleaning products”.
The CDPP prosecutor handling the file asks you for a written memorandum of advice regarding:
(a) the validity of the search relating to the car;
(b) whether the items seized from the car can be used in this prosecution;
(c) whether the items seized from the car can be used in a separate prosecution;
(d) anything else that is relevant to the search relating to the car.
You are required to write the memorandum of advice and provide it to the CDPP prosecutor.

Reference no: EM132069492

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