Question
Leo enters a residential house by forcing open a window. He takes a watch and $7000 cash. A police officer, who is familiar with the
Leo enters a residential house by forcing open a window. He takes a watch and $7000 cash. A police officer, who is familiar with the owners of the house, sees Leo run out with the items and after catching up to him, arrests him. Leo resists the arrest and continues to yell at the police officer to let him go and then he has no right to arrest him. The police officer tells Leo to be quiet and, against Leo's wishes, then searches his body and pockets. On finding the watch and cash, the police officer tells Leo that he is under 'arrest for stealing' and takes him back to the police station.
Is the arrest and search of Leo lawful?
(As per crimes act vic 1958)
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