Jones v Owens

Facts

A constable searched a man without lawful authority and found a number of young salmon. The man was charged with unlawful fishing. He said the search was illegal and the fish should not be given in evidence.

Issue

Does an unlawful search exclude what it turns up?

Held

No. The evidence was admitted. The court said that to exclude evidence because of the way it was obtained would be a dangerous obstacle to the administration of justice.

Principle

The thing found is admissible if it is relevant. The officer's want of power is a separate question.

Why it matters

Jeffrey v Black is the same point, a century later, with cannabis found after an arrest for stealing a sandwich.

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