powers of entry Flashcards
what premises cans be searched
HAVROT
H - hovercraft
A - airport/ aircraft
V - vehicle
V - Vessel
R - renewable
o - oilrigs
t - tents
what are the powers of entry without warrant
PACE 17,18,32
17 - ENTRY FOR PURPOSE of arrest, recapture, saving life and limb
18 - entry and search after arrest only for trilable either way or inditable
32 - seach of premises where an arrested person is or has recently come from
whats the post arrest search called ?
s32 pace is when the person has been arrested at a place which isnt a police station. you gotta search them before bringing them to custody
whats a premises search
s 32 (2) (b) PACE
- a constable may enter and search any premises in which a person has when arrested or immedatly before he was arrested for evidence relating to the offence for which which he was arrested
you can do search
s18 pace
searchpoeer for a premises occupied by a arrested person if they on inditable offence
limits to s18 pace sec and justification
s18(3) pace 1984
limiys the power to search to extent that is reasonable required to descover evidence. so once you found you gotta stop and obvs not privlege stuff
whats a search warrant
s8 pace
seasrch warrant should only be used to search for specific items where there is sufficent evidence and intelligence to support an application
getting a warrant
s15 pace
application for warrant
s8(1) pace
- made by constabsle to justice of the peace,
- an inditable offence,
- material on premises relating to the offence
- is not legal privledge
seizing stuff
s19 pace
- so if you think you have reasonable grounds for believing if suss you can seize it to prevent it being CLAD
seizing electronics
s19 (2) pace
so you can do it but get specalist advice
whatssa necessity for seizing
CLADD
C- CONCEALED
L- LOST
A - ALTERED
D- DAMAGED
D- DESTORY
