Kyle v HM Advocate

Criminal procedure – Admissibility of evidence – Police search. High Court of Justiciary: Refusing an appeal by an appellant who was charged with being concerned in the supply of a Class A drug and who challenged the admissibility of evidence relating to the finding by police of bags of brown powder in his house, which turned out to be heroin, following an entry which was forced for the preservation of life or property, the court held that the sheriff was entitled to conclude that there were reasonable grounds for forcing entry and that the evidence was admissible; the officers had lawfully entered the property in pursuit of their duty to protect life, and looking in a cupboard for dog food to feed a dog that had been left untended in the property for some time, or documents to help trace the occupants, was not unreasonable and did not constitute an unlawful invasion of the occupants' privacy.

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