Police Right Of Search In Private Houses

Chronicle (Levin), 4 June 1949, Page 3

Police Right Of Search In Private Houses

Press Association)

(Per

AUCKLAND^ June 3. The police have a right to enter a house without the consent of the landlord or without a search warrant if they beliece a wanted man is in. thn house and they have a warrant for his arrest, according to# a judgement by Mr J. H. Luxford, S.M., in the Polict Court to-day. His decision resulted in a conviction of Bernard Robert Mathews on a eharge of wilf ully obstrucf Lng the police. ; Mathews was lined £2U to be paid immediately in default twc months' gaol. _ The case arose from a visit to Mathews' house on May 3 by two deteetives seeking Ira George Land, whose arrest had been ordered on a charge of breaking and entering of Huia post office. Methews refused Detective Dwaii admittance and t/ied to throw him out, tearing the detective 's clothing and pushing him violently. Mathews, in evidence, sa'ixl Land left the house about five minutes be'fore Detective Dwan called. "On these facts," said Mr Luxford, "I infer Land was in the house wheii Detective Dwan lirst called, but left the house. At the time Mathews obstructed Dwan, Land may be said to have beenUn flight to avoid arrest and Dwan was in pursuit." Mr Luxford added that he must conclude that the householder did not aet in the protection of his rights but for the sole purpose of enabling a wanted man to mahe good his escape.