Powers Of Entry Flashcards
Section 18(1) of PACE 1984 Enter and search after arrest
A police officer may enter and search any premises occupied or controlled by a person under arrest for an indictable offence
Search of premises associate with suspect arrested for indictable offence. Search must be for evidence relating to that one or similar.
Authorised by Inspector
Section 17 of PACE 1984
Enter and search to arrest
Power to enter and search premises to
- arrest a person (reasonable belief will be there)
- arrest on warrant Sec 17(1)(a) fail to appear, non-payment of fine
- arrest persons for indictable offence
Sec 17(1)(b) and certain summary offence Sec 17(1)(c) - Public order S4, Fail to stop, PLO, squatting
- saving life or limb Sec(1)(e)
- prevent serious damage to property
- breach of peace Sec17(6)
Section 18(5) PACE 1984
Enter and search property after arrest
The presence of that person at a place other than a police station is necessary for an effective investigation.
I.e go with DP to address to conduct a search before going to custody. DP can see the search and also show where stolen good etc are
Section 32(2)(b) PACE Act 1984
Enter and search at time of arrest
An officer may enter and search any premises I which the suspect was when arrested or immediately before he/she was arrested
Premises does not have to be occupied or controlled by DP
Section 117 PACE 1984
Where any part of PACE grants a power…(an officer) may use reasonable force, if necessary, in the exercise of the power.
Section 19 PACE ACT 1984
Seizure lawfully on premises
CLAD
To prevent evidence from being
Concealed
Lost
Altered
Destroyed
Section 22 PACE Act 1984
Retain evidence for purpose of forensic investigation
Forensically examined
Exhibits as evidence
Reunite with lawful owner