Davis v Lisle    Police – Execution of duty – Entry upon premises without search warrant – Refusal to leave
when asked – Assault.
Two police officers, one in uniform and the other in plain clothes, seeing in a garage a motor
lorry which had earlier been causing what the police officers thought to be an obstruction,
entered the garage to make inquiries as to the person responsible for the obstruction. Neither
had asked nor obtained permission to enter, and neither had a search warrant nor was
authorised to enter. As the officer in plain clothes was speaking to the men who were
attending to the lorry, the occupier of the garage came in and in strong terms told the police
officers to leave the premises. The officer in plain clothes proceeded to take out his warrant
card, whereupon the occupier assaulted him. Charges were brought against the occupier inter
alia for assaulting and for obstructing a police constable in the execution of his duty as such
constable, and he was convicted. The occupier appealed:—