Which case is cited as an example of an unlawful police raid due to a warrant obtained on the basis of false information?

• A. R v Patel 2003
• B. Police killing of David Gundy 1991
• C. State of NSW v Carter 1995
• D. People v Johnson 1990

Answer: (B)

Warrants must be issued on truthful, supported information. When the material used to obtain a warrant is false or misleading, the basis for the warrant collapses, so the police entry that follows is unlawful. The David Gundy 1991 case is cited as an example because it involved a raid conducted under a warrant that had been obtained on the strength of false information, highlighting how courts view and remedy such misrepresentations. This case demonstrates why checks on police power exist: to protect individuals from unlawful searches and to suppress evidence or challenge the legality of the raid when the information used to justify it was false.