Stark v Brown 1997 SCCR 382
Citation: Stark v Brown 1997 SCCR 382
Rule of thumb: When are Police allowed to ask a person questions? Basically, if a person is looking evasive then the Police are legally entitled to ask them a few questions – if the person gives suspicious answers further measures can be used, such as the right to a search.
Judgment:
‘“The Sheriff was entitled, in the first place, to have regard to the evidence that the close at 31 Sunnylaw Street was known as a place where drug addicts and drug dealers congregate. Secondly, there was evidence of the strange behaviour of the appellant, first coming quickly into the close and then stopping and freezing when he saw the police officers and turned his back to them. Thirdly there was the vague explanation given by the appellant that he was looking for a bird but without giving any further detail about the lady. When these various factors are put together and taken in combination we are satisfied that the police officers did indeed have reasonable grounds in terms of section 23(2) to suspect that the appellant was in possession of a controlled drug.” Per Lord Justice-General at p.384A.
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.