Att. Gen. v Buckley [2002] JLR 42 (22 January 2002)
- Citation
- [2002] JLR 42
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Civil / Judgment
More details
- Posture
- Civil / Judgment
On this page
Professional case brief
Research organized from the available case record
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
ApplicantBuckley
Respondent03
Procedural history
Posture
Civil / Judgment
04
Questions and positions
Legal issues
- 01
Whether police entry onto a suspect's property without a warrant to install surveillance equipment constitutes civil trespass
- 02
Whether such entry and surveillance breaches the suspect's right to privacy under Article 8 of the European Convention on Human Rights if not prescribed by law
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
Legal principles
- 01
common law
Police entry onto private property without a warrant is a civil trespass unless authorized by law.
- 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
Official court record
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Judgment text
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Court record
Judgment
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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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