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National Investigators' Exam 2022 > 1.6 Entry, Search and Seizure > Flashcards

1.6 Entry, Search and Seizure Flashcards

1
Q

Can the lawful right to be on a premises be withdrawn by the owner / manager?

A

Yes - the police then become trespassers and are required to leave

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2
Q

Once a licence to be on a property is revoked, a person must be given a ______________ ______ to leave

A

Reasonable time

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3
Q

What does ‘premises’ include under entry and search?

A

Any place, vehicle, vessel, aircraft, hovercraft, tent or moveable structure and any offshore installation

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4
Q

What is the only common law power of entry without a warrant?

A

Breach of the Peace

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5
Q

What may entry powers by used to find (PACE Code B 1.1A)?

A
  • Property and material relating to a crime
  • Wanted persons
  • Children who abscond from local authority accommodation where they have been remanded or committed by a court
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6
Q

When might the recording or disclosing of the identity of officers during a search not be required?

A
  • Terrorism linked enquiries

- If officers reasonably believe recording or disclosing their names might put them in danger

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7
Q

One officer must act as ______ __ _____ __ ___ ______ whenever there is a search of premises

A

Officer in charge of the search

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8
Q

Who should the officer in charge of the search be?

A

Normally the most senior officer present, except:

  • If a lower rank officer is more conversant with the facts or more appropriate
  • When all officers in a premises search are the same rank
  • A senior officer assisting in a specialist role
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9
Q

What are designated persons?

A

Anyone other than a police officer who has specified powers / duties of police officers

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10
Q

Does a person authorised to accompany police officers or designated persons in the execution of a warrant have the same powers as a constable in search / seizure?

A

Yes, but must be exercised in the company and under the supervision of a police officer

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11
Q

Power to use force to enter any premises is not exercisable by a designated person except:

A
  • In company / supervision of police officer

- For the purpose of saving life or limb or preventing serious damage to property

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12
Q

What does Section 15 PACE cover?

A

Application for a warrant

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13
Q

A warrant must be _______, _______ and ___________

A

Necessary, justified and proportionate

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14
Q

What happens if an application for a warrant is refused?

A

You can only return and try again upon further intelligence

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15
Q

Does the officer swearing the warrant require knowledge of the investigation?

A

Yes, they must be ready to answer any question put to them

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16
Q

Do you need to disclose the identity of an informant when applying for a warrant?

A

No, but the officer should be prepared to answer questions about:

  • The accuracy of previous information from that source
  • Any other related matters
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17
Q

In order to grant a warrant, a Justice of the Peace must be satisfied that there are __________ _______ ___ _________ that an _________ _________ has been committed

A

Reasonable grounds for believing that an indictable offence has been committed

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18
Q

It must be the case that there is likely to be ______ _________ of __________ _______ on the premises

A

Relevant material of substantial value

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19
Q

Can you seize intelligence only material?

A

No

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20
Q

What happens if you’re applying for a warrant with multiple addresses?

A

You should apply for a multiple premises warrant with justification

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21
Q

What happens if you are applying for a multiple premises warrant but the further addresses are unknown?

A

Authority for further addresses can be sought from an Inspector

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22
Q

How many entries can you request for over the lifespan of a warrant?

A

Up to three

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23
Q

Prior to the applicant going to a magistrate, who must sign off the search warrant?

A

An Inspector, but if it’s urgent and there is none available, the senior officer on duty will suffice

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24
Q

Who has the power to apply for a Section 8 warrant?

A

Police officers and designated investigation officers only

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25
Q

What does Section 16 PACE cover?

A

The execution of a warrant

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26
Q

Who can execute a warrant?

A

Any constable and designated persons (but only in the company and under the supervision of a constable)

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27
Q

When must a warrant be executed?

A

At a reasonable hour UNLESS that would frustrate the purpose of the warrant

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28
Q

What three things must a constable do while executing a warrant?

A
  • Identify himself to the occupier
  • Produce the warrant
  • Give the occupier a copy of the warrant
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29
Q

What happens when you execute a warrant and no one is in?

A

A copy must be left in a prominent place

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30
Q

An Inspector can authorise a _________ officer in search situations to wear ___ ________

A

a designated officer to wear non uniform

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31
Q

What happens if the provisions under S15 and S16 are not fully complied with?

A

Any entry and search made under the warrant will be unlawful

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32
Q

What could deviation from S15 or S16 PACE lead to?

A

Any subsequent investigation being unsafe and even the exclusion of evidence / return of property

33
Q

___ _______ deviations from the wording of the warrant will not render any search unlawful

A

‘Very minor’

34
Q

What kind of offences do Section 8 warrants relate to?

A

Indictable offences

35
Q

Under a Section 8 warrant, can material be seized en masse and sifted away from the scene

A

No

36
Q

Does Section 8 allow for a search of a person on the premises?

A

No

37
Q

Can vehicles be searched under Section 8?

A

Yes, if they’re on the premises, but not if they’re parked outside the boundary (e.g. on the road)

38
Q

What is seize and sift?

A

An officer has the power to seize property from premises or persons in order to sift and examine it elsewhere if the volume means it is simply not feasible to do it in situ

39
Q

Can you use the seize and sift power to allow for the sifting of legal privilege material?

A

Yes

40
Q

In seize and sift, any interested parties can be present during the process as long as they don’t ____, _________ or ______ ____________ ______

A

harm, interfere or cause unreasonable delays

41
Q

Can you seize large items such as cars and vans under seize and sift?

A

Yes

42
Q

Can you search or seize legally privileged material?

A

No

43
Q

What is legally privileged material?

A

Any communications within a professional legal advisor or their representatives and their clients

44
Q

Is a search unlawful if you inadvertently seize legally privilege material?

A

No

45
Q

What is excluded material?

A

Human tissue, journalistic material or personal records held through the course of a business which are routinely held in confidence

46
Q

Under Section 17, a constable may enter and search ANY premises for the purpose of:

A
  • Executing an arrest or warrant
  • Arresting for an indictable offence
  • Arresting for offences under
    • Prohibitions of Uniform
    • Entering and remaining on property
    • S4 Public Order Act
    • Failing to comply with an interim order
  • Arrest a child who is remanded into the care of a Local Authority
  • Recapture someone unlawfully at large with whom the officer is in immediate pursuit
  • Saving life or limb
  • Preventing serious damage
  • Fail to Stop for a constable in uniform
47
Q

What is the threshold for entry under S17?

A

Reasonable grounds to believe (unless entering to save life or limb which is suspect)

48
Q

Can you exercise S17 powers for summary only offences?

A

No

49
Q

Is a multi-occupied address considered to be a single premises under S17?

A

No - you would need justification for entry into EACH separate room

50
Q

Is a ‘concern for welfare’ without any further information enough for entry under S17?

A

No - you must be looking to save life and limb

51
Q

Is reasonable suspicion that a person occupies or controls a premises sufficient for S18?

A

No

52
Q

Who may authorise a S18 search?

A

Inspector

53
Q

An _______ may authorise a constable in writing to enter and search __ premises _______ or _______ by a person who is under arrest for an _______ offence if he has reasonable grounds for ___________ that there is evidence on the premises of that offence or another ________ offence ________ or _______ ____ that offence for which they have been arrested

A

An INSPECTOR may authorise a constable in writing to enter and search ANY premises OCCUPIED or CONTROLLED by a person who is under arrest for an INDCITABLE offence if he has reasonable grounds for SUSPECTING that there is evidence on the premises of that offence or another INDICTABLE offence CONNECTED or SIMILAR WITH that offence for which they have been arrested

54
Q

Section 18 (1) PACE

A

Whilst the arrested person is in custody

55
Q

Section 18 (5) PACE

A

Whilst the arrested person has not yet arrived in custody
In these circumstances a constable can authorise the search if it is necessary for an effective investigation
- They must inform an Inspector as soon as possible after the search

56
Q

Can the authority for a S18 search be given verbally?

A

Yes

57
Q

What happens when a person is re-arrested for an indictable offence?

A

The powers to search under S18 begin again

58
Q

Where must a constable be to exercise Section 19 powers?

A

Lawfully on premises

59
Q

Under Section 19, a constable may seize anything that they have reasonable grounds for __________ has been obtained in consequence of the commission of __ offence and that it is necessary to seize it in order to prevent it from being ________, ___, ________, _______ or ________

A

Under Section 19, a constable may seize anything that they have reasonable grounds for BELIEVING has been obtained in consequence of the commission of AN offence and that it is necessary to seize it in order to prevent it from being CONCEALED, LOST, DAMAGED, ALTERED or DESTROYED

60
Q

Where the premises being searched is a vehicle, can the vehicle itself be seized?

A

Yes, if its size means it is necessary and proportionate to do so

61
Q

Can you seize property for intelligence purposes only?

A

No

62
Q

Under Section 32, a constable may search an arrested person where the person to be searched has been arrested at a place _____ ____ _ _____ ______, if the constable has reasonable grounds for ________ that the person may present a danger to himself or others

A

Under Section 32, a constable may search an arrested person where the person to be searched has been arrested at a place OTHER THAN A POLICE STATION, if the constable has reasonable grounds for BELIEVING that the person may present a danger to himself or others

63
Q

What does a constable have power to search an arrested person for?

A

D - Dangerous objects
I - Implements to escape
E - Evidence relating to an offence

64
Q

Under Section 32, if the offence for which he was arrested is an _________ offence, the constable has the power to enter and search __ premises in which he was when ______ or _______ ______ he was arrested for ________ relating to an offence

A

Under Section 32, if the offence for which he was arrested is an INDICTABLE offence, the constable has the power to enter and search ANY premises in which he was when ARRESTED or IMMEDIATELY BEFORE he was arrested for EVIDENCE relating to an offence

65
Q

Can you search under Section 32 for evidence relating to a different offence to which they have been arrested?

A

Yes - the wording is ‘an offence’

66
Q

What level of searching does S32 authorise?

A

JOG and a search of the person’s mouth

67
Q

Under Section 139a Criminal Justice Act 1988, if a constable has reasonable grounds for _________ that an offence is being committed, they may enter _____ ________ and search the premises and any persons on the premises in relation to _______ _________, ______ or _______ __________

A

Under Section 139a Criminal Justice Act 1988, if a constable has reasonable grounds for SUSPECTING that an offence is being committed, they may enter SCHOOL PREMISES and search the premises and any persons on the premises in relation to OFFENSIVE WEAPONS, BLADED or POINTED ARTICLES

68
Q

Can you search a person under a warrant issued under the Misuse of Drugs Act to search premises for drugs?

A

Only if the warrant specifically authorises the search of persons on the premises

69
Q

Section 17 is a power of _____
Section 18 is a power of _________
Section 19 is a power of _______
Section 32 is a power of __________

A

Section 17 is a power of entry (although you can search the premises to find the person you want to arrest)
Section 18 is a power of entry, search and seizure
Section 19 is a power of seizure
Section 32 is a power of entry, search and seizure (but you can only seize items found while searching a person)

70
Q

The only power that operates on an officer’s suspicion is ________.

A

S18

71
Q

Sections __ and __ of PACE require an arrest to trigger the powers - the arrest must be for an _______ offence.

A

Sections 18 and 32 of PACE require an arrest to trigger the powers - the arrest must be for an INDICTABLE offence

72
Q

Does S32 PACE provide a power of seizure of any item found during the course of the search of a property?

A

No - see S19 for a power

73
Q

Under S17 PACE, when entry is to recapture a person unlawfully at large, the officer must be _______ that person

A

PURSUING

74
Q

Is a uniform required for S17 PACE?

A

No (apart from two offences that are not on the syllabus, so just assume no)

75
Q

When can a constable exercise his / her powers under S19 of PACE?

A

When lawfully on premises

76
Q

Under S19 PACE, a constable may seize anything which is on the premises he has reasonable grounds for believing:

A
  1. has been obtained in consequence of the commission of an offence; or
  2. is evidence in relation to an offence which he / she is investigating or any other offence
77
Q

Under S19 PACE, items may only be seized if the constable believes it is necessary to prevent the evidence from being:

A
  • Concealed
  • Altered
  • Lost
  • Destroyed
78
Q

Under S19, what would happen if the constable wanted to seize information stored on a computer?

A

The officer can require the information to be produced in a form in which it can be taken away (e.g. a memory stick) and in which it is visible and legible (e.g. a print-out).

National Investigators' Exam 2022 (10 decks)

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