Police search warrant

[weetooner]

Hi everyone, new here but have a question that hopefully someone can answer.

A family member recently had a police search warrant served on his house. They were not present during the search but I was passing and seen the activity. I stopped and spoke to the officers and asked them if they had left a copy of the search warrant in the house they advised me that they had not. Once they finished I again asked the question about the copy of the search warrant and was totally ignored but I did get a warning that I was obstructing a police search. Having looked online it seems that they should have left a copy in a prominent place as the occupier was not present. Can I ask if I was correct in asking for a copy of the search warrant to be left in the house?

Forgot to say this is in Scotland.

Thanks.

[Aged William]

A warrant is not always required or necessary to search a premises.

The police are under no obligation or duty to tell a passing member of the public whether there is a warrant or not.

I'm not fully au fait with the different laws and police procedures in Scotland, but in E&W the requirement is to "supply" a copy of the warrant to the occupier or person in charge of the premises. (NB "supply" covers a number of different scenarios.) It's left in a prominent position only if there is no-one available.

[weetooner]

Thanks Aged William for your reply.

A bit more information, I was not just "a passing member of the public" I was the person who was left in charge of the property. The search of the property had been completed and the officers were on their way back to their vans.

I now have been to the police station and spoke to a sergeant who informed me it was a fiscal search warrant, and as such no copy needed to be left at the scene.

Can anyone tell me if this is correct and also can anyone tell me the difference between a police search warrant and a fiscal search warrant?

Thanks.

[Aged William]

I can't help you with that one, sorry, I've never applied for a Scottish search warrant. Have you tried here:

https://www.askthe.scottish.police.uk

[weetooner]

Thanks for the link Aged Williams.

Emailed them but they do not know either, have now emailed Police Scotland direct I will await a response from them.

[Aged William]

Thanks. If you could post an update if/when you a definitive answer I, and presumably others, would appreciate it.

[weetooner]

For info reply to my request from PNLD -

Thank you for your enquiry.


Unfortunately we are unable to answer questions of a local operational nature as we are a national database which answers questions of a general legal nature.


You will need to contact Police Scotland directly in relation to this matter, via their online contact form:


https://www.scotland.police.uk/secureforms/contact/


Regards,

PNLD

(EG)