Samuels v the Commissioner of Police for the Metropolis [1999] EWCA Civ 883 (03 March 1999)

Samuels v the Commissioner of Police for the Metropolis [1999] EWCA Civ 883 (03 March 1999)

The police officer did not have objectively reasonable grounds to suspect the plaintiff of carrying prohibited articles before initiating the stop and search; thus, the stop, search, and arrest were unlawful, constituting assault and false imprisonment.

Citation
[1999] EWCA Civ 883
Parties
Appellant/plaintiff: Conrad Earle Samuels; Respondent/defendant: The Commissioner of Police for the Metropolis
Jurisdiction
England and Wales
Judgment Date
03 March 1999
Procedural Posture
Civil Appeal / Appeal From Central London County Court Judgment
Outcome
Appeal allowed
Legal Topics
Assault, False Imprisonment, Malicious Prosecution, Police Powers, Damages
Tort Law Criminal Procedure Civil Rights Assault False Imprisonment Malicious Prosecution Police Powers Damages

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Parties

Conrad Earle Samuels

Appellant/plaintiff

The Commissioner of Police for the Metropolis

Respondent/defendant

Procedural Posture

Civil Appeal / Appeal From Central London County Court Judgment

Legal Issues

  1. 1 Whether the police officer had reasonable grounds to stop and search the plaintiff under section 1 of the Police and Criminal Evidence Act 1984
  2. 2 Whether the subsequent arrest constituted assault and false imprisonment
  3. 3 Whether the prosecution was malicious

Ratio Decidendi

The police officer did not have objectively reasonable grounds to suspect the plaintiff of carrying prohibited articles before initiating the stop and search; thus, the stop, search, and arrest were unlawful, constituting assault and false imprisonment.

Court Disposition

Appeal allowed

Orders

  • Judgment for the plaintiff on assault and false imprisonment
  • Damages awarded in the sum of £1,500