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They found my iPhone

They found my iPhone

By Paul McGorrery

Criminal Procedure 


McElroy1 was a joint appeal by co-defendants who had been convicted by a jury of armed robbery. Police had attended certain premises to arrest one of the defendants (Wallace), and entered the property pursuant to their entry powers in s459A of the Crimes Act 1958 (Vic). Wallace was not there at the time, but police did arrest one of his known associates (Aziz), a woman who was subject to outstanding warrants. While searching the premises, one of the officers noticed that Aziz’s phone, which was on the kitchen bench, had received a message from Wallace.

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