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Police Powers of Search

The police have no automatic power of search in Scotland and any search generally must be carried out either in exercise of a statutory power (such as Misuse of Drugs Act, Carrying of Knives (Scotland) Act. Any search carried out in terms of these statutory powers can only properly happen where there is "reasonable suspicion" that the person is carrying a prohibited article. Other than that, a search warrant should be obtained from a Justice of the Peace or Sheriff to authorise search of premises. A search without a warrant or carried out arbitrarily and without consent can be objected to which, if successful, will exclude any evidence recovered from that search.