Gavin v Normand 1995 SCCR 209

Citation: Gavin v Normand 1995 SCCR 209

Link to case on WorldLII (refernce).

Rule of thumb: If there is a Police warrant to search a property for drugs, does this include the right to search people on the property? No, it does if it is not included in the warrant. However, if the person makes a comments suggesting a connection with drugs then this does give a right to search the person.

Judgment:

“A search was already being conducted, under warrant, of premises which were thought to be associated with drug dealing. The significance of the remark made by the appellant in response to the question put to him by the police officer was that it confirmed that he was in some way associated with dealing in drugs. But the officers were not bound to accept every word that he said. It was enough for them that he had admitted that he was in some way connected with dealing in drugs. They were entitled to conclude that he might have some drugs in his possession as a result of this and that was a sufficient basis for them to form the reasonable suspicion which would entitle them to search him”. per Lord Justice-General at p.211F.

Warning: This is not professional legal advice. This is not professional legal education advice. Please obtain professional guidance before embarking on any legal course of action. This is just an interpretation of a Judgment by persons of legal insight & varying levels of legal specialism, experience & expertise. Please read the Judgment yourself and form your own interpretation of it with professional assistance.