Clarkin v Att. Gen. [1991] JLR 232 (28 August 1991)
A search warrant must specify at the time of issue the names of all persons authorized to execute it; issuing a warrant in blank is not permitted under the Misuse of Drugs (Jersey) Law, 1978, art. 17(2).
- Citation
- [1991] JLR 232
- Parties
- Applicant: Clarkin; Respondent: Attorney General
- Jurisdiction
- Jersey
- Judgment Date
- 28 August 1991
- Procedural Posture
- Judicial Review / Judgment
- Outcome
- application allowed
- Legal Topics
- Search and Seizure, Search Warrants, Police Powers
Case Brief
Summary, issues, holding and outcome
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Parties
Clarkin
Applicant
Attorney General
Respondent
Procedural Posture
Judicial Review / Judgment
Legal Issues
- 1 Whether a search warrant issued under Misuse of Drugs (Jersey) Law, 1978, art. 17(2) must specify the names of all persons authorized to execute it at the time of issue
- 2 Whether there is power to issue a search warrant in blank
Ratio Decidendi
A search warrant must specify at the time of issue the names of all persons authorized to execute it; issuing a warrant in blank is not permitted under the Misuse of Drugs (Jersey) Law, 1978, art. 17(2).
Court Disposition
application allowed
Orders
- Search warrant declared invalid for failure to specify names of all persons authorized to execute it.
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