Police Powers - Case Summaries

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  • Police Powers Cases
    • Stop and Search
      • Osman V DPP 1999 - Officers did not give name and station, GOWISE not followed, search deemed unlawful.
      • Michaels V Highbury Corner Magistrates 2009 - Names and station not given, GOWISE not followed, appeal quashed the conviction of obstruction of justice.
      • Tottenham Leaflet experiment -  led to a 50% reduction in stop and searches (abuse of power?) but an increase in street crime.
    • Arrest
      • Richardson v Chief Constable of West Midlands - Necessity test ignored, unnecessary arrest. Richardson sued for false imprisonment
      • McConnell v Chief Constable of Greater Manchester- Breach of Peace, appeal of the basis that it was a private premise - arrest still lawful
      • Bibby v Chief Constable of Essex Police - this case summarised the conditions which must apply for the common law to be used) sufficiently real and present threat to peace; threat must come from person to be arrested; conduct must interfere w/ rights of others
      • Taylor v Chief Constable of Thames Valley Police - 10 year old accused of throwing stones during demonstration, later recognized by officer @ other protest, who say: "I am arresting you on suspicion of violent disorder" - CoA held that this was plain English - arrest deemed lawful.
    • Detention
      • R V Samuel - Case wherein he was refused legal advice and so conviction was quashed.
      • R v Grant - Case wherein he was refused confidence of privileged communication w/ solicitor and so murder conviction quashed.
      • R v Aspinall - Suspect suffered from schizophrenia and no appropriate adult was present so interview was inadmissible in court.


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