No Reasonable Suspicion - No Crime Committed - Teacher Arrested without articulatable facts

No Reasonable Suspicion - No Crime Committed - Teacher Arrested without articulatable facts.

Citation: Video Content Sourced from https://www.youtube.com/channel/UCMjj1NtV0WVK7JhoYjg8gjQ

Other information sourced from https://www.gotocourt.com.au/criminal-law/nsw/unlawful-searches-reasonable-suspicion/

An arrest requires;

The person possess or control property that is stolen or otherwise unlawfully obtained, or that has been used or is intended to be used to commit an offence;

That they possess a dangerous article in a public place that has been used, or is intended to be used, to commit an offence; or

That they possess or controls an illegal drug or plant.

R v Rondo. [2001] NSWCCA 540;

Is mere possibility of a crime a reasonable suspicion?

1. “reasonable suspicion involves less than a reasonable belief but more than a possibility.

2. There must be something which would create in the mind of a reasonable person an apprehension or fear

3. "A reason to suspect that a fact exists is more than a reason to consider or look into the possibility of its existence.”

4. Reasonable suspicion is not formed arbitrarily.

5. Some factual basis for the suspicion must be .shown. A suspicion may be based on hearsay material or materials which may be inadmissible in evidence. The materials must have some probative value.

6. What is important in determining whether a suspicion is reasonable is the information in the mind of the police officer who stops the person or the vehicle or makes the arrest at the time he does so.

7. Having ascertained that information the question is whether that information afforded the officer reasonable grounds for the suspicion which the police officer formed. In answering that question regard must be had to the source of the information and its content, seen in the light of the whole of the surrounding circumstances.”

8. If you believe that the police searched you without a reasonable suspicion then it may be possible to have any charges that resulted from the search dismissed.

9. In order to do so you would need to show that police did not have a reasonable suspicion to justify searching you. If this can be demonstrated then the evidence found during the search will be deemed inadmissible.