Wilson v Brown
| Jurisdiction | Scotland |
| Judgment Date | 17 April 1996 |
| Date | 17 April 1996 |
| Docket Number | No 21 |
| Court | High Court of Justiciary |
JC
LJ-C Ross, Lords Cowie, Murray
Evidence—Admissibility—Irregularly obtained evidence—Misuse of drugs—Stewards at rave searching pannel on basis of suspicion of possession of illegal drugs and in line with management policy—Whether evidence improperly obtained
The pannel attended a rave at which it was a condition of entry that persons entering should be searched. The pannel consented to being searched and, later, when he came to the attention of a steward, consented again to be searched. Some time later, suspicion again fell upon the pannel but this time he refused to be searched and was put out of the premises. The stewards then saw him in an area known to be frequented by drug dealers. On approaching him, they saw him throw several things to the ground which appeared to be drugs. The stewards then took the pannel back into the premises in order to detain him pending the arrival of the police. Whilst waiting for the police, the steward searched the pannel against his will and found drugs under his shirt. That search was in accordance with management policy for searches to be carried out where stewards suspect that persons might have drugs upon them. The pannel was subsequently tried with being in possession of controlled drugs. The defence objected to the admissibility of the evidence of the search of the stewards which resulted in the finding of the drugs on the basis that it was irregular and inexcusable. The sheriff held that the search, although irregular, was justifiable in the circumstances of the case.
Held, that when regard was had to the fact that the stewards had no authority whatsoever to carry out any personal search of the pannel and when it was borne in mind that there was no question of urgency and that the reason they carried out the search was because they believed it was management policy to do so, the irregular search in this case was not a search which could properly be excused; and appealallowed.
Observed that had the stewards suspected that the pannel had been carrying weapons, the search might have been justified in the circumstances.
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...in one way or another to be investigating criminal conduct (eg, Lawrie v Muir; Fairley v Fishmongers of London1951 JC 14; Wilson v Brown 1996 JC 141). But it is also recognised that evidence may be discovered in circumstances that do not constitute a search at all, and in such cases the rul......
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