Source: All England Reporter
Publisher Citation: [2002] All ER (D) 212 (Jan)
Court: Divisional Court

Auld LJ and Gage J

Representation Bernard Richmond (instructed by McCormacks) for S.
  Gareth Patterson (instructed by the Crown Prosecution Service) for the prosecution.
Judgment Dates: 25 January 2002


Police - Right of search - Powers - Constable stopping car and searching occupant - Whether constable having reasonable suspicion occupant in possession of drugs - Whether constable acting capriciously in stopping vehicle - Road Traffic Act 1998, s 163 - s 89(2) - s 23.

The Case

A district judge was entitled to conclude that, in all the circumstances, a constable was acting in the execution of his duty where, having stopped a car and smelt drugs therein, he attempted to search the defendant.

If you are a LexisLibrary subscriber you can read more about this case here.