Tuesday, June 18, 2019

Public Law Coursework Example | Topics and Well Written Essays - 1000 words

Public Law - Coursework Example2. Stone, R.Entry, Search and Seizure(4rdEd, London, Sweet & Maxwell 2005). Throughout his book, the author argues that legal philosophy have the legal power to enter and search set forth as a go onive justice depends on the circumstances under which the power is derived such(prenominal) as if the there is reasonable belief that there is a likely trespass of peace and the law of nature entry or search is going to prevent it. 3. Williams, D.Keeping the stop The Police and Public Order(London, Hutchinson 1997). According to this book, the lawfulness legally allows the police to have powers of entry and search of peace in inn to keep peace and public order. The book further suggests that the law enforcement officer are however required to set a reasonable geographical scene of action which should not be wider than the area necessary for the prevention of the anticipated breach of peace. 4. Fenwick, H.Civil Liberties,(1stEd, London, Routledge Cavend ish Publishing 1994). 5. Stephens, P. Commentaries on the law of England (21ed. Wellington, Carswell 1993) 6. Woody, R. Search and seizure The Fourth Amendment for law enforcement officers. (Illinois, Charles C Thomas 2006). 7. Sharpe, S. Search and Surveillance the movement from information to evidence. (De Montford, Ashgate 2000). 8. Kerrigan, K. Breach of the Peace and Binding Over (London, Cavendish Publishing 1997). Articles 1. Nicolson D and Reid K. Arrest for Breach of Peace and the European Convention on Human Rights 1996Criminal Law Review764. This journal article suggests that although the police have powers to arrest, enter and search promises when there is a breach of peace, there are a number of privileged materials which are excluded from police warrant of search. Some of the privileged materials include records held by clergymen, doctors and voluntary organizations. 2. Royal counseling on Criminal Procedure. The Investigation and Prosecution of Criminal Offences in E ngland and Wales 1981 The Law and Procedure Cmnd 8092-1 The report suggested that the police powers to enter and search are only contain to areas considered to be under immediate control of the suspect beyond which the law is unclear. 3. Goldstein, A. The Search Warrant The Magistrate and Judicial Review 1987 62(6) New York University Law Review, 1173. This law check out article argues that a police entry and search can be legally considered to be unlawful if there is no connection between the premises and the offence for which the search is being conducted. 4. Williams, G. Dealing with Breaches and anticipated breaches of Peace 1982Justice of the Peace 199. 5. Cameron, E. Rights, constitutionalism and the Rule of Law (1997) 114 SALJ 504-508. Cases 1. Lamb vs. DPP1990 Crim. L.R. 58 In the case, a adult female had requested the company of a constable to a property where she had been previously living with the occupier. The occupier later ordered the police to leave the premises. I t was ruled that the police had no license to the premise. 2. McLeodvs.Commissioner of Police for the Metropolis1994 4 All E.R. 553 The case involved recovery of property as part of a divorce settlement. Mrs. McLeod was apt(p) the custody of their matrimonial house and the police accompanied her divorced husband to collect his property which had remained in the house. The court ruled that the po

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