Illegally Obtained Evidence Admitted

The Victorian Court of Appeal has upheld the admissibility of evidence derived from a phone that was seized and searched by police without a warrant.

In McElroy v The Queen; Wallace v The Queen [2018] VSCA 126, the Court of Appeal held, despite improperly exercising search and seizure of a iPhone, evidence was admissible because it was considered. Probative and important, and the relevant offending behaviour serious.

This case continues the view as initially held in Bunning and Cross that illegally obtained evidence may not be inadmissible.