McAughey v HM Advocate

Criminal evidence – Admissibility of evidence. High Court of Justiciary: Allowing an appeal by an appellant who was charged with an offence under the Proceeds of Crime Act 2002 and whose objection to the admissibility of the results of a search of a vehicle driven by him was repelled, the court held that the officers who detained the appellant and searched the vehicle, whilst purporting to act under s 23 of the Misuse of Drugs Act 1971, did not have reasonable grounds to suspect that he was in possession of a controlled drug.

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