Lesson 2 - Entry and Search of Premises

Question 1

What are the reasons that allow a common law power to enter premises?

Answer 1

• Disturbance
• Invitation
• Serious - When in pursuit of someone who has attempted to commit or committed a serious crime
• Cries

Question 2

What must you do before forcing entry?

Answer 2

• Knocking loudly
• Stating that you are the Police
• Indicating the nature of your business
• Demanding admission

Question 3

When do you have power to search a premises without a warrant?

Answer 3

• When the occupier has given full and free consent that it corroborated by another PO.
• Where you need to search the home of a person who has been arrested on a grave charge

Question 4

What can you search within a premises with the power of a warrant?

Answer 4

Anything within and anything that is stated on the warrant and is within the jurisdiction of the issuing justice or sheriff.

Question 5

What property can be seized during a search on a premises?

Answer 5

If there are reasonable grounds to suspect the item(s) are relevant within the warrant of the search, the property can be seized