Sturrock v HM Advocate

Criminal procedure – Admissibility of evidence – Search warrant. High Court of Justiciary: In an appeal against a sheriff's decision to repel an objection to the admissibility of evidence obtained during a police search of the appellant's home without (initially, at least) a warrant, and without invitation, the court concluded that there appeared to be some confusion about the procedure which had developed to challenge the admissibility of evidence obtained on the basis of an ex facie valid warrant; any reconsideration of procedure would involve an appraisal of the decision in Allan v Tant, or at least the way in which it had been interpreted and to do that required the instant case to be remitted to a larger court, which was the course of action the court adopted.

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