In 1996 a warrant was issued in Germany for the arrest of Rottman in connection with alleged fraud offences. Metropolitan Police received a request from the German authorities for Rottman’s extradition. His precise whereabouts within England at the time were unknown. A provisional warrant for his arrest was issued by Bow Street magistrates’ court under s 8 (1) Extradition Act 1989 ( no search warrant issued). The officers then followed him into the driveway of the house where he had been living after spotting him as a result of a surveillance operation and he was arrested outside the door. Soon after, German police officers asked the senior officer present to search the house. Thereafter the officers entered and searched the house and removed items belonging to the claimant which they suspected might hold evidence of the alleged offences, having acted in purported reliance on section 18 in Part II of the Police and Criminal Evidence Act 1984' and in the belief that they had power under common law to search the premises of a suspect following his arrest on an extradition warrant.
Rottman brought an application for judicial review against the Commissioner and the Home Secretary in respect of the decision by the police to enter his home to search for and seize items. The Divisional Court held that the statutory powers of entry, search and seizure without a warrant in Part II of the Police and Criminal Evidence Act 1984 (PACE) did not extend to extradition cases, that any powers of search under the common law had been extinguished when the 1984 Act came into force and that accordingly the search and seizure had been unlawful and in violation of the claimant's rights under article 8 of the European ...
... middle of paper ...
...d Denning with regards to search and seizure without a warrant. He considered the Scottish practice of awarding arrest and search warrants together as the Extradition Act also applied to Scotland. He upheld the principles in Osman and concluded that common law applied to both domestic and extraditable offences and that common law powers were not extinguished by PACE.
Section 17(5) had abolished common law powers to enter premises for an arrest but said nothing for search and seizure. Power of search was under S18 and S32 and neither had a provision to abolish common law powers. Common law powers still applied in extraditable cases only. Since S18 and 19 were framed to deal with domestic abuses it was clear that Parliament wanted to restrict itself to domestic offences. There was no evidence that Parliament intended to extend PACE to include extraditable offences.
Need Writing Help?
Get feedback on grammar, clarity, concision and logic instantly.Check your paper »
- Gant was arrested by Arizona police because he was driving a vehicle with a suspended license. While he was being handcuffed, officers searched his vehicle and found a gun and a bag of cocaine. During the trial, Gant petitioned to suppress the gun and cocaine because the police didn’t serve a warrant to search his vehicle, in violation of the Fourth Amendment’s prohibition of unreasonable searches and seizures. Prior to the Supreme Courts opinion on this case, Arizona vs. Gant, it was standard practice for police to conduct a search incident to arrest of the passenger compartment of a vehicle.... [tags: arrest, unlawful, privacy, search]
538 words (1.5 pages)
- Last March, an undefeated basketball squad faced a tragic loss, and unfortunately it was not the game. An undefeated season was on the line for the Fennvile Blackhawks, and the whole town was in attendance. The game went into overtime and Wes Leonard was ready for it. Seconds left in overtime, the score was tied again. It was the last play of the game, and Wes Leonard drove to the basket for a lay up, putting them up by two. Time expired and fans rushed the court looking for the hero that made that game winning basket.... [tags: Health, Diseases, Cardiac Arrest]
2233 words (6.4 pages)
- You can feel your heart pulsating every time you place your palm on your chest, but do you have any idea what really is going on in there. While the heart is no bigger than the size of your hand making a loose fist, the heart has a vast responsibility and dependability to keep blood flow in order to feed and support the other organs and tissues. Heart attacks and cardiac arrest are just two of plethora conditions that can generate a malfunction within the professions of the heart. These two conditions can be fatal, but both affect the most vital organ of the human body.... [tags: Heart, Myocardial infarction, Cardiac arrest]
1601 words (4.6 pages)
- Cardiac arrest is one of the primary sources of mortality throughout the nation. It is estimated that over one hundred and seventy-three thousand cardiac arrests occur in Canada and the United States combined per year. An individual’s survival rate is four times higher when cardiopulmonary resuscitation (CPR) is initiated at the initial onset of cardiac arrest. Unfortunately, bystander cpr has continued to remain less than twenty percent over the past decade. It is crucial for communities to research the rationales behind why individuals refrain from interacting when patients are experiencing a cardiac event.... [tags: Health care, Patient, Cardiac arrest]
1251 words (3.6 pages)
- Country background: Germany is currently the second most populous nation in Europe and one of the continents largest economies . Since the early half 20th century the nation has gone through 2 world wars. Germany was originally divided into two former states known as the western federal republic of Germany (FRG) and the eastern German democratic republic (GDR). The FRG was a key member of western security, and economic organizations. The communist GDR was mainly involved with the Soviet-led Warsaw pact.... [tags: Germany]
1394 words (4 pages)
- In the years preceding WWII anti-Semitism was not uncommon throughout all of Europe, however, it was the rise of the Nazi party of Germany that posed the greatest threat to the Jewish people. After the First World War, Germany adopted a more peaceful stance, consisting of moderate parties creating what was known as the Weimar Republic. To many right wing parties, in particular the National Socialist German Workers Party (NSGWP), this more passive approach was regarded to be unacceptable and treasonous to the very fiber of German heritage.... [tags: Nazi Germany, Adolf Hitler, Nazi Party, Germany]
854 words (2.4 pages)
- ... After Gant was handcuffed and placed in the back of a third patrol car, officers proceeded to search Gant’s car. During their search they found a gun in the car and a bag of cocaine in a jacket pocket laying on the backseat of the car Gant was driving. Gant was charged with possession of the cocaine. He fought to have the evidence found in his car suppressed at trial because, he claimed, the search of his car had been unreasonable. Gant’s motion was denied and Gant was convicted of the crime.... [tags: Police, Arrest, Evidence]
960 words (2.7 pages)
- Reasonable suspicion can be found in the first clause of the Fourth Amendment (Siegel, 2012). It is considered the evidence necessary to prove that a crime has been committed (Siegel, 2012). There is not an exact minimum needed, however Justices have figured it has to fall below the evidence necessary to prove beyond a reasonable doubt of guilt needed in a trial (Siegel, 2012). This part of the Fourth Amendment is also included in the foggy understanding. There is a bias towards how this clause should be read and understood (Bloom, 2003).... [tags: legal procedure, reasonable doubt]
1278 words (3.7 pages)
- The criminal justice system is an existing tool for society to convict those practicing anti-social behaviour. The English legal system is under a lot of dispute given that the government can interfere with individual freedom declaring individuals to prison. Thus, the criminal justice system needs to balance competing interests from punishing the guilty to protecting the innocent. However, not every system can be upmost perfect; there have been miscarriages of justice, unlawful arrests and so on.... [tags: criminal justice, liberty, human rights, unlawful]
1063 words (3 pages)
- Imagine being at home and out of work. A family with many small children are hungry, while the parents have to take care of their loved ones with no money. This is what many Germans experienced before Hitler came to power. Whether Germany benefitted under Hitler or not, should be completely out of the question. Germany most definitely projected in the positive direction under Hitler’s rule once he came to power. In order to understand just how Germany could have possibly done well under the deemed evil dictator, we first have to look back to a post WWI Germany.... [tags: Adolf Hitler, Nazi Germany, Germany, Nazism]
1001 words (2.9 pages)