Sadiq and Sadiq v HM Advocate

Criminal procedure – Admissibility of evidence – Police search. High Court of Justiciary: Refusing appeals by two appellants, who were indicted on charges of being concerned in the supply of Class A drugs and who lodged preliminary issue minutes objecting to the admissibility of evidence arising from the search of a hotel bedroom, against a first instance judge's decision permitting evidence to be admitted of recovery of a car key which was lying in plain view on a table when police first entered the room, whilst excluding evidence of a search of the room, the court held that the judge was correct to refuse to give effect to the preliminary issue minutes to the extent that he did: he was correct to decide that entry was lawful on the basis of urgency, and while he concluded that the search was unlawful, the car key was not recovered in the search; it was simply observed by the officers who gained lawful entry to the room.

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