Rottman, R (on the application of) v Commissioner Of Police For Metropolis & Anor [2001] EWHC Admin 576 (24th July, 2001)

Rottman, R (on the application of) v Commissioner Of Police For Metropolis & Anor [2001] EWHC Admin 576 (24th July, 2001)

The police had no statutory or surviving common law power to enter and search the claimant's home or seize property without a warrant in the context of an extradition arrest; PACE powers are limited to domestic offences and do not extend to extradition crimes; the search and seizure were unlawful and violated the claimant's Article 8 ECHR rights.

Citation
[2001] EWHC Admin 576
Parties
Claimant: Michael Rottman; First Defendant: The Commissioner of Police for the Metropolis; Second Defendant: The Secretary of State for the Home Department
Jurisdiction
England and Wales
Procedural Posture
Judicial Review / Judgment After Substantive Hearing
Outcome
Claim allowed in part; search and seizure declared unlawful; Article 8 ECHR violation found; damages adjourned.
Legal Topics
Police Powers of Search and Seizure, Extradition Proceedings, Article 8 ECHR (right to Respect for Private and Family Life), Statutory Interpretation of PACE, Common Law Police Powers
Criminal Law Extradition Law Human Rights Law Police Powers of Search and Seizure Extradition Proceedings Article 8 ECHR (right to Respect for Private and Family Life) Statutory Interpretation of PACE Common Law Police Powers

Case Brief

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Parties

Michael Rottman

Claimant

The Commissioner of Police for the Metropolis

First Defendant

The Secretary of State for the Home Department

Second Defendant

Procedural Posture

Judicial Review / Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether police had lawful authority to enter and search claimant's home and seize property without a warrant in the context of an extradition arrest
  2. 2 Whether common law powers of search and seizure survived the enactment of the Police and Criminal Evidence Act 1984 (PACE)
  3. 3 Whether the claimant's rights under Article 8 ECHR were violated

Ratio Decidendi

The police had no statutory or surviving common law power to enter and search the claimant's home or seize property without a warrant in the context of an extradition arrest; PACE powers are limited to domestic offences and do not extend to extradition crimes; the search and seizure were unlawful and violated the claimant's Article 8 ECHR rights.

Court Disposition

Claim allowed in part; search and seizure declared unlawful; Article 8 ECHR violation found; damages adjourned.

Orders

  • Mandatory order requiring the first defendant to deliver up all items seized on 23rd September 2000 to the claimant.
  • Declaration that the entry and search by the first defendant on 23rd September 2000 was unlawful.