Lawrie v Muir, 1950, 1950 SLT 37
Citation:Lawrie v Muir, 1950, 1950 SLT 37
Rule of thumb: How strict do police warrants have to be enforced? Not overly strictly – it is always an area of debate.
Judgment:
The basic facts were that police obtained a warrant to investigate a person’s property. It was argued that the warrant was technically & that evidence found was inadmissible. The Court held that the warrants can be interpreted broadly, ‘From the standpoint of principle it seems to me that the law must strive to reconcile two highly important interests which are liable to come into conflict – (a) the interest of the citizen to be protected from illegal or irregular invasions of his liberties by the authorities, and (b) the interest of the State to secure that evidence bearing upon the commission of crime and necessary to enable justice to be done shall not be withheld from Courts of law on any merely formal or technical ground. Neither of these objects can be insisted upon to the uttermost.’ Lord Justice General Cooper
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.