New Federal Rule of Criminal Procedure Addresses Warrants for Tracking Devices

2007 ◽  
2020 ◽  
Vol 24 (2) ◽  
pp. 175-201
Author(s):  
Elspeth Reid

Infringement of liberty has long been regarded as a delict which requires to be compensated, but public officers may in some circumstances be protected against liability where freedom has been “lawfully abridged” in conformity with the rules of criminal procedure. However, the boundaries of this form of privilege have not always been delineated with clarity. This article will argue that they remain unclear following the Outer House decision in Whitehouse v Gormley. In particular it questions the basis for requiring the pursuer to prove malice where a claim is made against police officers for unlawful detention or arrest.


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