Entry And Search Of Premises

Question 1

Explain your common-law powers of entry to property

Answer 1

Disturbance – to quell a disturbance actually proceeding

Invitation – on the freely given invitation of the occupant

Serious – serious crime – when in close pursuit of a person who has committed or attempted to commit a serious crime e.g. Murder, rape, robbery, theft by housebreaking etc

Cries - you hear cries for help or cries of distress

Question 2

What procedures must be followed prior to forcing entry

Answer 2

Knocking loudly

stating that you are the police

indicating the nature of your business

demanding admission

only then after the occupant refuses to let you in can you force entry

Question 3

When do you have the common law power to search a premises

Answer 3

You can only search premises without a warrant using common-law powers In the following circumstances

With a full and free consent of the occupier of the premises

Such consent must be corroborated

The occupier must be present during the search

The occupier should be made aware that he or she is not obliged to give consent

If consent is withdrawn during the search, the search should be immediately terminated

Question 4

What is a search warrant?

Answer 4

I search warrant is issued by a sheriff or justice of the peace and authorises you where necessary to break open all shut and a lock fast places. It is normally only valid for premises within the jurisdiction of the issuing justice or sheriff.

Question 5

Explain what human rights people have in relation to entry of premises

Answer 5

Article 8 of the human rights act 1998 deals with privacy

it states that everyone has the right to respect for private and family life their home and their correspondence

There shall be no interference by public authority with the exercise of this right except such as in accordance with the law