Jersey Judgment

Att. Gen. v Buckley [2002] JLR 42 (22 January 2002)

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Professional case brief

Research organized from the available case record

Source document

01

Holding and result

Police entry onto a suspect's property without a warrant to install surveillance equipment is a civil trespass and breaches the suspect's right to privacy under Article 8 of the European Convention on Human Rights if such measures are not prescribed by law.

Court disposition

entry without warrant is unlawful

02

Material facts

Parties

Attorney General

Applicant

Buckley

Respondent

03

Procedural history

  1. Posture

    Civil / Judgment

04

Questions and positions

Legal issues

Party arguments

Applicant
Police entry and installation of surveillance equipment was necessary for investigation and justified under law enforcement powers.
Respondent
Entry without a warrant constituted civil trespass and breached the right to privacy under Article 8 of the European Convention on Human Rights as it was not prescribed by law.

05

Court’s reasoning

  1. 01

    common law

    Police entry onto private property without a warrant is a civil trespass unless authorized by law.

  2. 02

    European Convention on Human Rights, Article 8

    Surveillance measures interfering with privacy must be prescribed by law to comply with Article 8 of the European Convention on Human Rights.

06

Ratio, limits and disposition

Ratio decidendi

Police entry onto a suspect's property without a warrant to install surveillance equipment is a civil trespass and breaches the suspect's right to privacy under Article 8 of the European Convention on Human Rights if such measures are not prescribed by law.

Court disposition

entry without warrant is unlawful

Source and reliance status

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Judgment text

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Source document

Court record

Judgment

[2002] JLR 42

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BAILII >> Databases >> Jersey Law Reports >> Att. Gen. v Buckley [2002] JLR 42 (22 January 2002) URL: https://www.bailii.org/je/cases/JLR/2002/JLR020042.html Cite as: [2002] JLR 42 [ New search ] [ Help ] Att. Gen. v Buckley 2002 JLR 42 (22 January 2002) Police-entry, search and seizure-entry without warrant-civil trespass for police to enter suspect's property to install surveillance equipment-breach of suspect's right to privacy under art. 8 of European Convention on Human Rights if surveillance measures not prescribed by law The document you wish to view is available to registered users or can be purchased as a PDF. To purchase this document in PDF format or alternatively to Register to purchase membership go to the Jersey Law website via this link: 2002 JLR 42 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/2002/JLR020042.html

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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

European Convention on Human Rights, Article 8

Legislation

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