Entry Flashcards
What is the first way in which police officer can enter premises for a certain purpose
Implied consent
If consent is revoked what happens
the police officer is required to leave and has reasonable time to do so
In which case was there no assault on an officer when an occupier used force to remove him from his premises once the officer had refused to accept that his license to be on the premise had been revoked
Davies v Lisle
In which case was an assault on a police officer, held to be an assault because they had not allowed reasonable time for him to leave
Robson v Hallet
Which S sets out entry to effect arrest
S 17(1-6) PACE
In which case was it ruled that an officer must explain their reasons for arrest
O’laughlin v CC of Essex
In which S allows the police to take steps to prevent a breach of the peace
S 17(6)
Facts of Thomas v Sawkins
30 police officer were not trespassing in attending a meeting to discuss a campaign against the police. The police had a common law power to enter private premises to deal with breach of the peace.
What did the HC hold in Thomas v Sawkins
‘In my opinion no express statutory authority is necessary when the police have reasonable grounds to apprehend a breach of the peace’
IN which case was it it was allowable for a police officer to supervise the removal of property from a house where there was the potential for violence. The police can nter a private premises for preventing a breach of the police.
McLeod v Metropolitan Police Commissioner
IN which case was the decision of McLeod overruled
McLeod v UK: the decision was overruled, as the suspected violent person was not at home during the removal, only the 70 year old mother. Thus, article 8 was breached proportionally to art 2 on the facts.
Which S of PACE covers entry following a n arrest
S 18 permits an officer to enter a property in a number of circusmatcnes
Which case said that • a note in a notebook is not sufficient authorisation for the search to be lawful. There must be an official written document from the inspector.
Badham
What was held in R (B and another) v Huddersfiled Magistrates’ Court
a man surrender himself after staying in a property for one night following a murder. It was ruled that it was lawful to search the house he had stayed in for one night, there was no legal definion of what amounted to occupation. The HC found that the seach was unlawful.
