면책조항: 이것은 법률 자문이 아닙니다. 법률과 판례는 변경됩니다. 귀하의 특정 상황에 대해 항상 자격을 갖춘 변호사와 상담하십시오.

모든 판례
Police Powers
Queen's Bench Divisional Court
1999

Osman v DPP

[1999] 163 JP 725

판결 이유

A lawful stop and search under s.1 PACE 1984 requires the officer to have reasonable grounds for suspicion based on objective factors relating to the individual, not merely the area or time of day. A search conducted without proper grounds renders any evidence inadmissible.

사실관계

Mr Osman was stopped and searched by officers in an area known for drug dealing. He was found carrying a knife. He challenged the legality of the search on the basis that the officers had no reasonable grounds for suspicion specific to him.

판결 요약

The court held that reasonable suspicion must be based on some objective basis relating to the person being searched. Being in a high-crime area alone is insufficient. The evidence obtained from the unlawful search was excluded.

주요 인용문

"Reasonable suspicion can never be supported on the basis of personal factors alone without reliable supporting intelligence or information."

Schemann LJ

후속 처리

Followed

Cited in PACE Code A guidance on reasonable grounds for suspicion.