Jeffrey v Black
1978 · QB 490
Posted By lanbuk.com
- Facts
- Jeffrey was arrested for stealing a sandwich from a public house. Officers then searched his home without a warrant and without his consent, and found cannabis. The magistrates dismissed the drugs charge because the search was unlawful. The prosecutor appealed.
- Issue
- Does an irregular search of a home make the drugs found there inadmissible?
- Held
- No. The Divisional Court, Lord Widgery CJ, held that an irregularity in obtaining evidence does not render it inadmissible. There is a discretion, which is used in exceptional cases. This was not one of them.
- Principle
- Unlawful entry goes to the officer's civil liability and to discipline. It does not, by itself, answer the criminal charge.
- Why it matters
- Fox v Chief Constable of Gwent applies the same rule to a breath specimen taken after an unlawful arrest. The officers there had made a mistake about their powers.
Words and Latin in this note
- Bona fide purchaser
- A person who buys a legal estate in good faith, for value, without notice of an earlier equitable right. That earlier right does not bind them. Open the note.
For study only. By lanbuk.com. Always check current sources and consult a qualified professional.