Material Facts
In 1996 a warrant was issued in Germany for the arrest of Rottman in connection with alleged fraud offences. Metropolitan Police received a request from the German authorities for Rottman’s extradition. His precise whereabouts within England at the time were unknown. A provisional warrant for his arrest was issued by Bow Street magistrates’ court under s 8 (1) Extradition Act 1989 ( no search warrant issued). The officers then followed him into the driveway of the house where he had been living after spotting him as a result of a surveillance operation and he was arrested outside the door. Soon after, German police officers asked the senior officer present to search the house. Thereafter the officers entered and searched the house and removed items belonging to the claimant which they suspected might hold evidence of the alleged offences, having acted in purported reliance on section 18 in Part II of the Police and Criminal Evidence Act 1984' and in the belief that they had power under common law to search the premises of a suspect following his arrest on an extradition warrant.
Procedural History
Rottman brought an application for judicial review against the Commissioner and the Home Secretary in respect of the decision by the police to enter his home to search for and seize items. The Divisional Court held that the statutory powers of entry, search and seizure without a warrant in Part II of the Police and Criminal Evidence Act 1984 (PACE) did not extend to extradition cases, that any powers of search under the common law had been extinguished when the 1984 Act came into force and that accordingly the search and seizure had been unlawful and in violation of the claimant's rights under article 8 of the European ...
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...d Denning with regards to search and seizure without a warrant. He considered the Scottish practice of awarding arrest and search warrants together as the Extradition Act also applied to Scotland. He upheld the principles in Osman and concluded that common law applied to both domestic and extraditable offences and that common law powers were not extinguished by PACE.
Section 17(5) had abolished common law powers to enter premises for an arrest but said nothing for search and seizure. Power of search was under S18 and S32 and neither had a provision to abolish common law powers. Common law powers still applied in extraditable cases only. Since S18 and 19 were framed to deal with domestic abuses it was clear that Parliament wanted to restrict itself to domestic offences. There was no evidence that Parliament intended to extend PACE to include extraditable offences.
Mr. Cockburn concluded that the evidence presented in this case was misinterpret and misapprehend, the leading investigation was “unscientific and slipshod” which lead to the sentence of Edward splatt. Many questions were raised, whether police officers should collect trace elements from the crime scene? The involvemet of police officers collecting samples rather than scientific experts which could lead to wrong and misleading evidence? The scientific procedure undertaking in this investigation. And these collected samples collected from officers and tested would lead to unvaluable piece of evidence.After Edward splatt conviction, anattorney- general by the name of Mr Griffin keeped a close eye on the case and examined the moran report and
The defence argued that because the detention was unlawful, any arrest or search that flows from the detention should be regarded and was similarly unlawful. The Crown referred to common law power of arrest and search. As of R.v,Caslake’s case, it clearly stated that in the situation of an arrest, it is generally permitted that upon lawful arrest, police have the power to search a person for officer safety reason as well where there is “some reasonable prospect of securing evidence of the offence for which the accused is being arrested” and to secure that evidence. However, in the situation of Mr.Nanokeesic’s detention it is considered to be unlawful. The police did not have grounds to suspect that Mr.Nankeesic had provided a false name to them, as well, the fact that Mr.Nanokeesic ran
Otis brought a case to court regarding search warrants used by the Brits to look anywhere they wanted for smuggled goods.
On Bloodsworth’s appeal he argued several points. First he argued that there was not sufficient evidence to tie Bloodsworth to the crime. The courts ruled that the ruling stand on the grounds that the witness evidence was enough for reasonable doubt that the c...
Gellately, Robert. “The Gestapo and German Society: Political Denunciation in the Gestepo Case Files.” Journal of Modern History (The University of Chicago Press) 60, no. 04 (December 1988): 654-694.
Legislation Review Committee, Parliament of New South Wales, Law enforcement (Powers and Responsibilities) Amendment (Arrest without warrant) Bill 2013, Law Review Digest (2013 November)
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H W R Wade ‘The Basis of Legal Sovereignty’ (1995) 172 Cambridge Law Journal 186.
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n 1991, the claimant and her husband migrated from Pakistan to Germany where her husband’s application for asylum was approved, however her application was denied by the authorities. In 1994, a temporary residence permit was granted to her as a refugee’s spouse and in 1995 her son was born. In 1998 Mrs. Khan separated from her husband and in 2001 received a permanent residence permit. In 2004, she became unemployed as a result of psychological issues and in that year murdered a neighbor. The Gießen Regional Court ruled that Mrs. Khan committed manslaughter in a state of severe mental disorder and came to the conclusion that she continued to be a danger for the general public. Subsequently, a legal guardian was assigned to her and she was required to stay in a psychiatric hospital. Mrs. Khan’s expulsion was ordered by the administrative power on account of being a danger to public safety. Other reasons were that she was not well integrated in Germany, that she merely was in