Entry, Search and Seizure Flashcards
PACE - Code B
Only Common Law Power of Entry is BOP
As soon as officers told to leave (FUCK OFF not sufficient) = trespass unless acting under another power/warrant.
Search OIC = most senior officer unless o/wise designated as more appropriate/conversant with facts
Entry & search w/in 1 months from issue of warrant.
Insp must authorize in writing premises not specified in all premises warrant AND subsequent entries if warrant allows multiple searches of same property.
Court keeps copy warrant for 12 months after its return.
Officer can enter school and search school and any persons for bladed, pointe, offensive weapons if suspect offence is or has been committed.
Drugs warrant must specify search of persons.
If fail to provide occupier with copy warrant MUST return their property.
Premises - Any vehicle, vessel, aircraft, hovercraft, offshore installation, renewable energy, installation, tent or mobile structure.
IO can apply for and execute s8 search warrant.
C/not search/seize material subject to legal privilege.
s18(5) search is DP’s presence needed for effective investigation. Inform Insp afterwards.
s.17 PACE - Reasonable ground BELIEVE on premises (unless life/limb)
to recapture person unlawfully at large - must be in pursuit
D/not need to be in uniform (unless enters/remains on property by failing to comply with interim possession order)
Authority for search warrant/production order = Insp
Urgent applications = most senior officer present.
Both signed and in writing.
If TACT = Supt or above
s. 32 PACE Power to enter (ind. offences), seize and search if reasonable grounds to BELIEVE
- present a danger
- evidence of AN offence
- Use to escape
s.19 PACE - Seizure to present loss, damage, conceal, alter, destroy. MUST BE ON PREMISES LAWFULLY.
Can require electronic versions to be produced in format can take away.
Can seize vehicles even if they are the premises to search.
INVALID WARRANT - UNLAWFULLY ON PREMISES
IO’s can seize property
Unless hinders investigation property seized can be photo’d by owner.
Retain property for as long as necessary (KIV use of photos where possible).
s50/51 Crim Justice & Police Act 2001 Seize/sift - secure & separate.
s53 = duty to review/retain/return such material. Owner can be present during review.
Seize/sift powers are additional to s 32/19 PACE/MDA etc.
