An arrested person had given a false address. The police used their powers under search that address. The occupier obtained an award of damages. The Commissioner appealed.
Held: Police powers to enter premises and search them on the basis that they were occupied or controlled by somebody under arrest required as a fact that the person detained was actually the person in control of the premises. The defendant’s appeal failed.
Pill LJ, May LJ, Moses LJ
[2008] EWCA Civ 723, Times 16-Jun-2008
Bailii
Police and Criminal Evidence Act 1984 18(1)
England and Wales
Police, Torts – Other
Updated: 11 November 2021; Ref: scu.270570