Scottish Court of Session Decisions

This is an action of damages for wrongful apprehension and illegal search by police officers, which was before the Court some weeks ago, when the pursuer was allowed to give in a minute explaining more particularly his grounds of action. The following additional statement was accordingly made by him:—

“On the occasion when the defenders came to the pursuer's house, as aforesaid, the pursuer, who had been from home, arrived at his house just as the defenders had driven up. The pursuer's dwelling-house was situated on the side of a public road, and his workshop is separate, and at a short distance from it. The defenders informed the pursuer, immediately on his arrival, that they had a warrant against him; but they did not at this or any other time explain the nature of said warrant to the pursuer. At the time when the defenders informed the pursuer they had a warrant against him, they were all outside the house, and it was so dark that the pursuer could not have read the warrant. The pursuer did not after this demand exhibition of the warrant, because he did not doubt the statement by the defenders that they had a warrant of some kind; and he assumed that they would not exceed the limits of the warrant. After this the pursuer opened his dwelling-house, which the defenders entered, and a light was then procured. The defenders thereafter proceeded at once, and without farther ado, to search the pursuer's writing-desk and the drawers which it contained. The defenders spent between one and two hours in ransacking the said writing-desk and drawers, and in reading and examining the MSS., books, letters, and papers which they found therein. The whole search made by them in the pursuer's dwelling-house consisted of the reading and examination of the pursuer's said books, letters, and papers. The pursuer is not aware whether the defenders ever made a search in his workshop.”

The Court were of opinion that the pursuer's statements, even as amended, did not afford relevant grounds for an issue, and accordingly dismissed the action with expenses.