The case was criticised as representing an example of judicial activism, and that Parliament did not intend to offer financial compensation for breaches of the act.

Detective Murray Robert Drummond was advised by an informant that a Troy O'Brien was involved in the use and sale of cannabis at his residence of 16 Main Road, Korokoro, Lower Hutt.

For unknown reasons, the detective then filed for a search warrant for only 16 London Street, which later turned out to be the address of Elisabeth Baigent, and not Troy O'Brien as intended.

The search warrant continued, and they talked to Baigent's son, who informed them they had the wrong address, and even showed them his passport to prove his identity.

Baigent claimed this was an unreasonable search, which is illegal under section 21 of the New Zealand Bill of Rights Act (1990), and sued the Attorney General (on behalf of the police).