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

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

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.

Citation
[2002] JLR 42
Parties
Applicant: Attorney General; Respondent: Buckley
Jurisdiction
Jersey
Judgment Date
22 January 2002
Procedural Posture
Civil / Judgment
Outcome
entry without warrant is unlawful
Legal Topics
Police Powers, Search and Seizure, Privacy, Trespass, European Convention on Human Rights
Criminal Law Human Rights Law Property Law Police Powers Search and Seizure Privacy Trespass European Convention on Human Rights

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Parties

Attorney General

Applicant

Buckley

Respondent

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether police entry onto a suspect's property without a warrant to install surveillance equipment constitutes civil trespass
  2. 2 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

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