Power of entry Flashcards
What code is used for power of entry?
Code B PACE 1984
When does S.32 occur and in what circumstances?
At the time of arrest
For indictable and either way offences
Searching for evidence relating to the same offence
What are the grounds for entry under S.17?
Warrant Arresting for indictable/either way offence Summary offence Pursuance Save life and limb
In a S.17 search where should you look?
Anywhere you would reasonably find a person
Under S.17 what are the summary offences you can enter a premises?
S. 4 Road Traffic Act 1988 unfit to drive drink or drugs
S.163 Road Traffic Act 1988 failure to stop, RTC
S.4 Public Order Act 1986 Fear and Provocation of violence
Squatting
What criteria do you need to perform a S.18 search?
After arrest
For an indictable or either way offence
Searching property occupied or controlled my the suspect
With an inspectors’ permission
Searching for evidence relating to the same offence or similar offences
On entry what action should you follow?
Introduce yourself
Purpose of search
Authority of search
Ask for entry
What is S.19?
Power to seize and retain property, if: Concealed Lost Altered Damaged
What is S.20, S.22, S.21
S.20 electronic property seizure
S.22 Retention of property
S.21 Provide record of seized items
When and where can you perform a S.32 (2b) search?
After arrest
For indictable offences
For evidence relating to that offence
Where they are and where they were immediately before arrest
What can you search for in a S.32?
Searching for evidence relating to the same offence
You can search a person and premises
What act relating to drugs has a power of entry?
Misuse of Drugs Act 1971
With a warrant, power to enter and search premises and persons
What common law has a power of entry?
Breach of the peace
