Jersey Judgment

Hill v Att. Gen. [1999] JLR 296 (02 December 1999)

Criminal Law Police Powers Entry Without Warrant Search and Seizure

Citation: [1999] JLR 296
Status: Judgment
Jurisdiction: Jersey
Posture: Criminal / Judgment

More details

Posture: Criminal / Judgment

On this page

Professional case brief

Research organized from the available case record

Source document

Holding and result

Police have the right to enter private property by force if necessary to arrest a person reasonably suspected of committing an offence or where there are reasonable grounds to suspect the occupant is at risk.

Court disposition

application dismissed

Material facts

Parties

Hill

Applicant

Attorney General

Respondent

Procedural history

Posture

Criminal / Judgment

Questions and positions

Legal issues

Whether police may enter private property without a warrant to arrest a suspect or protect an occupant

Party arguments

Applicant: The applicant contended that police entry into private property without a warrant was unlawful.
Respondent: The respondent argued that police have the right to enter private property by force if necessary to arrest a person reasonably suspected of committing an offence or where there are reasonable grounds to suspect the occupant is at risk.

Court’s reasoning

Legal principles

01
Hill v Att. Gen. [1999] JLR 296

Police may enter private property by force if necessary to arrest a person reasonably suspected of committing an offence or to protect an occupant at risk.

Ratio, limits and disposition

Ratio decidendi

Police have the right to enter private property by force if necessary to arrest a person reasonably suspected of committing an offence or where there are reasonable grounds to suspect the occupant is at risk.

Obiter and limits

An offender pursued by police cannot avoid investigation for drink-driving by entering home.

Court disposition

application dismissed

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Judgment text

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Court record

Judgment

[1999] JLR 296

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BAILII >> Databases >> Jersey Law Reports >> Hill v Att. Gen. [1999] JLR 296 (02 December 1999) URL: https://www.bailii.org/je/cases/JLR/1999/JLR990296.html Cite as: [1999] JLR 296 [ New search ] [ Help ] Hill v Att. Gen. 1999 JLR 296 (02 December 1999) Police - entry, search and seizure - entry without warrant - police have right to enter private property by force if necessary (a) to arrest person they reasonably suspect has committed offence; and (b) where there are reasonable grounds to suspect occupant at risk-e.g. offender pursued by police cannot avoid investigation for drink-driving by entering home 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: 1999 JLR 296 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/1999/JLR990296.html

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Hill v Att. Gen. [1999] JLR 296

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