Question
It is Christmas and Harvey is involved in a heated argument with Jack over a car park spot at Chadstone Shopping Centre. In frustration, Harvey
It is Christmas and Harvey is involved in a heated argument with Jack over a car park spot at Chadstone Shopping Centre. In frustration, Harvey gets out from the driver's seat of his vehicle with a base ball (he has just come back from his son's baseball practice session), walks over to the passenger side of Jack's vehicle and smashes the window. Jack sustains minor scratches from pieces of broken glass. Harvey gets back into his car and drives off. Jack immediately calls the police who attend the scene. Jack informed police what had happened and provided Harvey's registration number. There were also a number of people who witnessed the incident and informed the police as to what they saw. Police intend to charge Harvey with criminal damage, which carries a maximum sentence of 10 years imprisonment.
Assuming it is lawful for police to remain on the property, as Harvey's wife closes the front door, police swing it open and push her out of their way. Upon entering the house, police walk to the front dining room where they saw Harvey through the window and arrest him. Do police have the power to enter the premises in this manner and arrest Harvey?
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