A serious drugs charge against an Angus man has been dropped after a successful challenge to the way a search of his home was conducted.
A sheriff has ruled there was “naivety” in the way police had searched the Forfar flat of David Mason after one officer pushed a door open and saw what they believed to be drugs and drug paraphernalia on the floor.
Mr Mason’s lawyer described the act as “lazy” policing, in a hearing to determine the admissibility of evidence the case.
Mr Mason, of Glenmoy Terrace, Forfar, had been facing an indictment alleging the supply of cannabis at his home in March last year.
The case was the subject of a hearing at Forfar Sheriff Court in which Mr Mason’s solicitor, Brian Bell, argued officers had failed to follow proper procedures and effectively searched the property without the required warrant or the consent of the occupier.
The court heard police had gone to Mr Mason’s home on that date in connection with another matter, but returned there after picking up a strong smell of cannabis.
Mason invited them in and admitted he had smoked a joint shortly before.
One officer then nudged a door open and saw what appeared to be drugs on the floor.
During questioning of the officers as part of the hearing, Mr Bell asked one constable: “If you went into a house and sat down, would you then ask if it was OK to do so?”
“You were looking for drugs and you were being lazy,” he said.
In his judgment, Sheriff Pino Di Emidio said: “I’m satisfied that although it involved what was as relatively slight, though deliberate movement, it was neither authorised by warrant or done with the consent of the accused. Therefore it was irregular.
“It is not suggested that this is a situation where there was some urgent reason for the constable’s action.
“I am in no doubt it would have been good practice for the officers to have obtained a search warrant at an earlier stage.
“I am inclined to think there was an element of naivety in what occurred. It is perhaps surprising that an officer who had been in the drugs squad should have made such errors, but this seems a matter that may well have been remedied for the future by further training.”
Sheriff Di Emidio rejected a motion by depute fiscal Eilidh Robertson seeking leave to appeal the ruling, following which the Crown indicated it would be deserting the case simpliciter, meaning an end to the charge.