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NCJRS Abstract

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NCJ Number: 120300 Find in a Library
Title: Interfering with Land and Goods (From Civil Actions Against the Police, P 175-202, 1987, Richard Clayton and Hugh Tomlinson -- See NCJ-120296)
Author(s): R Clayton; H Tomlinson
Date Published: 1987
Page Count: 27
Sponsoring Agency: Sweet and Maxwell
London, NW3 3PF, England
Sale Source: Sweet and Maxwell
Marketing Director
100 Ave. Road
London, NW3 3PF,
United Kingdom
Type: Legislation/Policy Analysis
Language: English
Country: United Kingdom
Annotation: The Police and Criminal Evidence Act 1984 clarified and partially codified police powers dealing with searching and seizing land and goods. However, allegations that the police have unlawfully interfered with a person's land or goods must establish that the interference was unlawful and that the police did not have a lawful justification for their apparently unlawful actions.
Abstract: Constables must act within their powers when seizing land and goods in order to avoid tort liability. Their common law powers are discussed, and the law of trespass and licenses is defined. The law of wrongful interference with another's goods, trespass to goods, and conversion is outlined, with emphasis on the concepts of ownership and possession and the defendant's acts and state of mind. The article concludes with a list of legal actions against police in relation to land and goods. 31 footnotes.
Main Term(s): Search and seizure laws
Index Term(s): Civil liability; Civil remedies; Complaints against police; Great Britain/United Kingdom; Torts
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