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23 Cards in this Set
- Front
- Back
Mackintosh v Stott |
no search & admissible as voluntarily handed over drugs |
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Graham v Orr |
"checking" to see if something in car = search & INADMISSIBLE |
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Howard v HMA |
looking "out of curiousity" & not for criminality = NOT a search & admissible |
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For drugs |
s23 Misuse Drugs Act 1971 |
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For weapons |
s47-50 Criminal Law (Consolidation) Scotland Act 1995 |
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Houston v Carnegie |
RC to suspect accused seen in public with drug dealer? NO |
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HMA v B |
Can another person's suspicion (ie superior officer) satisfy the RC test? NO |
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Ireland v Russell |
Info on suspect must not be too old otherwise no RC |
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Cooper v Buchanan |
Power to search car includes passengers when RC to suspect the driver |
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Mackintosh v Stott |
Rules on RC do not apply to public - ONLY to police |
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When is search warrant required? |
Search of premises i.e. house/business INVASIVE personal searches warrant granted only where judge thinks RC to suspect |
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HMA v Baillie |
Warrant not required where URGENT situation & MINIMAL INVASION of privacy |
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HMA v Cumminggg |
4 errors. Blank space & missing constable name proved FATAL ERRORS = INVALID warrant |
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Bulloch v HMA |
exact date not specified on warrant = INVALID due to 14 day limit on it |
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HMA v Bell |
Signature middle and not end of warrant = FATAL = INVALID |
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Paterson v Thomson |
"Glasgow" city not on suspect's address = still VALID |
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HMA v Turnbull |
police should've got warrant for extra client documents seized during search as NO URGENCY authorities did not stumble upon "plainly incriminating" evidence |
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Leckie v Milne |
during search of home, found articles alleged to have been stolen from school. Search = RANDOM Warrant = EXCEEDED |
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Burke v Wilson |
discovery of obscene videos during valid search for non-classified vids held ACCIDENTAL = ADMISSIBLE |
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McAvoy v Jessop |
Different bedsit (at same address) to one specified in W was searched = unlawful search |
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Guthrie v Hamilton |
Warrant to search property & anyone in it - was search of accused on doorstep legal? YES - obiter: suspect could've been searched anyone as officer held RC to suspect |
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Types of searches |
1) Property Searches 2) Searches of Person |
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Miller v Jamieson |
RC need not be precise General suspicion can be enough |