Entry Search & Seizure Flashcards
Searches under warrant must be conducted within –
3 months of the date of issue of the warrant.
Written authority from an officer of the rank of inspector or above must be obtained prior to executing the warrant, under all premises warrants its premises which are not specified in the premises warrant and under a multiple entry warrant its premises for a ???
Second or subsequent time under a multiple entry warrant.
Does the searching officer of a warrant have to be in uniform?
No. An officer of rank inspector or above may direct a designated investigating officer not to wear uniform for the purposes of a specific operation.
Can material that is solely for intel purposes be seized for a section 8 PACE search?
No. Only material that is of substantial value to the investigation of the indictable offence can be seized.
Can legally privileged material be searched for and seized?
General Rule - NO. Unless the items are held with the intention of furthering a criminal purpose.
Can excluded material be searched for and seized?
Yes, but only upon a production order.
Can special procedure material be searched for and seized?
Yes, but only upon a production order.
For sec 17 the constable must be in uniform in relation to 2 arrests..?
Arrest under section 6-10 of the criminal law act.
Arrest under section 76 of the criminal justice and public order act.
They do NOT need to be in uniform for anything else.
SEC 18, suspicion or belief?
Suspicion.
Can a whole premises be seized ?
Yes, for the purpose of preserving evidence. its possible to seize it in its total state and easier to seize the whole thing, eg, vehicles, caravans & tents.
If an officer comes across an item they believe is evidence of another offence with a different suspect do they need to seize it?
No. It doesn’t need to be seized, the officer can show it to the owner and explain that if they get rid of it they could be liable to civil or criminal proceedings.
If an officer is conducting a house search and comes across blood stained rings in a drawer they think is evidence, can he ask the owner “are these yours?” And does he need to be cautioned? In regards to code B of PACE.
He doesn’t need to caution anyone as the question is solely necessary to further a proper and effective search.
In regards to consent from the owner for a search is this comment true or false? It is unnecessary to seek consent if this consent would cause disproportionate inconvenience to the person concerned namely the occupier or the person entitled to grant consent.
True.
With regards to section 19 of PACE during a house search an officer comes across a hammer he believes is evidence from a separate offence that occurred the night before. If he seizes this must he suspect or believe it to be evidence of this offence?
He must BELIEVE before he seizes the item.
Section 17 is BELIVE apart from ??
Saving life or limb / preventing serious damage to property.
