Entry, Search and Seizure

Question 1

Q: What are the main powers for dealing with entry, search, and seizure?

Answer 1

PACE 1984 and Code B

Question 2

Q: What are these powers useful to find?

Answer 2

• 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

Question 3

Q: What gives police the power to enter, search and seize?

Answer 3

• Justice of the Peace- may issue a search warrant
• PACE- includes powers to search premises

Question 4

Q: What is the entry and search power for providing a specimen of breath?

Answer 4

s6E RTA

Question 5

Q: What is the power to enter and search school premises for offensive weapons, blades and pointed articles?

Answer 5

s139B Criminal Justice Act 1988

Question 6

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

Answer 6

Only common law power of entry without warrant is to deal with a breach of the peace.
Constable must have a genuine and reasonable belief that a breach of the peace is happening or is about to happen in the immediate future (common law offence).

Question 7

Q: What is the general rule on entering premises?

Answer 7

As a general rule, when a constable is on the premises lawfully, whether as a result of exercising a power or by virtue of a warrant to enter or being invited in by the occupier, he is considered to be on those premises for all lawful purposes.
This means that they can carry out any lawful actions while on the premises, even if that was not the original purpose for entry.

Question 8

Q: What happens if the invitation to enter is withdrawn by the occupier?

Answer 8

If an invitation is withdrawn by someone entitled to do so, he will become a trespasser, unless he has a power to be on those premises under the law.
If he is deemed to be a trespasser, this may have significant implications as to whether he is lawfully in execution of his duty, and this may affect the legitimacy of any arrest or whether an offence like assault on police can be committed.
The occupier needs to communicate that termination clearly to the officer- telling an officer to “fuck off” is not necessarily sufficient (Snuck 1982). Must be clear that the constable no longer has permission to be there.

Question 9

Q: Can an occupier use reasonable force if the officer is refusing to leave, after their invitation has been withdrawn?

Answer 9

Yes- the occupier may use reasonable force to remove them from the premises.
Search Warrants

Question 10

Q: What powers deal with executing warrants?

Answer 10

s15 and 16 PACE contain the procedures to be followed when applying and executing warrants to enter and search premises.
Any entry and search under warrant will be unlawful unless it complies with these procedures.

Question 11

Q: What must a constable state when he is applying for a warrant?

Answer 11

s15(2) states that when applying for a warrant, he must provide specific information. He must state:
(i) the ground on which he makes the application;
(ii) the enactment under which the warrant would be issued; and
(iii) if the application is for a warrant authorising entry and search on more than one occasion, the ground on which he applies for such a warrant, and whether he seeks a warrant authorising an unlimited number of entries, or (if not) the maximum number of entries desired

Question 12

Q: What must also be specified under s15(2)(A)?

Answer 12

(a) if the application relates to one or more sets of premises specified in the application each set of premises which it is desired to enter and search; and
(b) if the application relates to any premises occupied or controlled by a person specified in the application—
(i) as many sets of premises which it is desired to enter and search as it is reasonably practicable to specify;
(ii) the person who is in occupation or control of those premises and any others which it is desired to enter and search;
(iii) why it is necessary to search more premises than those specified under sub-paragraph (i); and
(iv) why it is not reasonably practicable to specify all the premises which it is desired to enter and search

Question 13

Q: How must warrants be made?

Answer 13

Must be made ex-parte, which means in the absence of the other party (the defendant).
The application must also include information in writing.
The constable making the application will be on oath and must answer any questions the Magistrate hearing the application puts to him.

Question 14

Q: What will an entry and search warrant allow in terms of entry times?

Answer 14

It will only allow entry and search on one occasion, unless it specifies that it authorises multiple entries.
If it does authorise multiple entries, it must also specify whether the number of entries authorised is unlimited or limited to a specified maximum.

Question 15

Q: What information must the warrant contain?

Answer 15

(i) the name of the applicant
(ii) the date on which it is issued.
(iii) the enactment under which it is issued.
(iv) each set of premises to be searched, or (in the case of an all premises warrant) the person who is in occupation or control of premises to be searched, together with any premises under his occupation or control which can be specified and which are to be searched; and
shall identify, so far as is practicable, the articles or persons to be sought

Question 16

Q: How many certified copies should be made?

Answer 16

2 certified copies must be made of a single entry, single premises warrant.
As many copies as may be reasonably required may be made of other multiple entry warrants or all premises warrants.

Question 17

Q: What if an application for a warrant is refused?

Answer 17

No further application can be made, unless it is supported by additional grounds.

Question 18

Q: What does ‘premises’ mean for these purposes?

Answer 18

For the purposes of this Code, ‘premises’ as defined in PACE, section 23, includes any place, vehicle, vessel, aircraft, hovercraft, tent or movable structure and any offshore installation as defined in the Mineral Workings (Offshore Installations) Act 1971, s1.

Question 19

Q: What section governs how a warrant is executed?

Answer 19

s16 PACE 1984
(1) A warrant to enter and search premises may be executed by any constable.
(2) Such a warrant may authorise persons to accompany any constable who is executing it.
(2A) A person so authorised has the same powers as the constable whom he accompanies in respect of—
(a) the execution of the warrant, and
(b) the seizure of anything to which the warrant relates.
(2B) But he may exercise those powers only in the company, and under the supervision, of a constable.

Question 20

Q: Does this type of warrant have a time limit?

Answer 20

Time limit of 3 months from its date of issue, otherwise they will be unlawful.

Question 21

Q: Who must authorise the entry and search of a property not directly specified in the warrant?

Answer 21

s16(3A) If a warrant is an all premises warrant, in order for any premises to be searched which are not directly specified in the warrant, an Inspector or above must give written authorisation for entry to those premises.
S16(3B) Premises may not be entered and searched for a second or any subsequent time under multiple entry warrants unless an Inspector or above has given written authorisation for that subsequent entry.

Question 22

Q: When should warrants be executed?

Answer 22

s16(4) PACE
Entry and search under a warrant must be at a reasonable hour unless it appears to the constable executing it that the purpose of a search may be frustrated on an entry at a reasonable hour.

Question 23

Q: What must a constable do if the occupier is present at the premises?

Answer 23

s16(5) Where the occupier of premises which are to be entered and searched is present at the time when a constable seeks to execute a a warrant to enter and search them, the constable—
(a) shall identify himself to the occupier and, if not in uniform, shall produce to him documentary evidence that he is a constable;
(b) shall produce the warrant to him; and
(c) shall supply him with a copy of it.

He must still follow the steps above if someone is present in the property who is not the occupier, but appears to be in charge of the premises.

Question 24

Q: What must a constable do if the occupier is not present?

Answer 24

S16(7) If there is no person present who appears to the constable to be in charge of the premises, he shall leave a copy of the warrant in a prominent place on the premises.

Question 25

Q: What is the extent of the search premises?

Answer 25

A search under warrant may only be a search to the extent for the purpose of which the warrant was issued.

Question 26

Q: What are the steps following the search?

Answer 26

The constable executing the warrant must endorse it stating whether the articles or persons sought were found and whether any additional items were seized.
This should be done for each set of premises searched.

Question 27

Q: What happens when a warrant has been executed?

Answer 27

Once a warrant has been executed, it must be returned to the court where it will be retained for 12 months.
During this period, the occupier of the searched premises is entitled to inspect the retained warrant.