Khan v Metropolitan Police Commissioner [2008] All ER (D) 27 (Jun)
A suspect arrested by the police gave a false name and address. A search of that address—the claimant’s home—was authorised by an inspector under PACE, s 18. The claimant brought civil proceedings against the police, alleging that the search of his home was unlawful because it could not be proved that the original suspect had either occupied or controlled the claimant’s premises and so the police were not entitled to search the claimant’s premises.
HELD There is no justification for reading PACE, s 18 otherwise than in accordance with its plain words. Premises must be occupied or controlled by the person under arrest if a search under PACE, s 18 is to be lawful. A reasonable belief that the premises are so occupied or controlled is not sufficient.
