You are a well‐known criminal law attorney
You are a well‐known criminal law attorney. One of your clients, Georgina, consults you one afternoon and tells you how she was randomly visited by police while she was hosting a family gathering. The police told her that they wanted to search her home for guns and ammunition, which shocked Georgina because no one in her family, including her, has ever owned a gun. When she told the police this, they pushed her out of the way, came into her home, told every member of her family to not move and they started to ransack her house looking for guns and ammunition. Georgina was traumatised by this event and started shouting at the police officers, asking them if they had a warrant to search her home. The one officer responded to her and said to her, “shut up! We do not need a warrant to search the homes of criminals like you!”. When they did not find what they were looking for, the police officers hurriedly left her home, leaving Georgina and her family with a horrifying mess.
Later on, Georgina reports this incident anonymously to her police station commander in her area. The police station commander is disgusted at what the police officers did to Georgina and he commences with disciplinary proceedings against the police officers. The result of the disciplinary hearings is that the police officers conducted an unlawful search operation.
Taking into account the above state of affairs, advise Georgina accordingly on the consequences of unlawful searches with reference to following:
Q.2.2.1 Q.2.2.2
The formal law consequences of unlawful action by the authorities. (10) The substantive law consequences of unlawful action by the authorities. (5)
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