Powers of entry and search Flashcards
What does section 32 of PACE allow in relation to searches?
It allows a search to be carried out following the arrest of a person for an indictable offence.
it includes the search of a person following arrest, the search of the location where the arrest took place and the search of the location immediately before the arrest
What does section 18 of PACE allow in relation to searches?
The search of other premises occupied by the person arrested. The search must be for evidence of the indictable offence the person has ben arrested for and written authority must be obtained from an inspector
What section of PACE do search warrants come under?
S8
What is section 17 of PACE?
The power to enter any premises to either arrest people, recapture people, save life or limb or to protect the property as serious damage
Before conducting a search, what should an officer do? (GOWISELY)
Grounds of suspicion for the search
Objective/purpose for the search
Warrant card if the officer is in plain clothes or if requested by the person
Identity of the officer performing the search
Station to which the officer is attached
Entitlement to a copy of the search record
Legal power used
You are detained for the purpose of a search
What are the conditions of a search being conducted under section 1 of PACE?
It can be done by any officer (in uniform or plain clothes) and must be conducted in a public place. Any items located during the search can be seized as evidence
What items are included under s1 of PACE to search for?
Stolen or prohibited articles
What location under no circumstances should a s1 search be conducted in?
A dwelling
Under what section and Act can an officer search someone for controlled drugs?
s23 Misuse of Drugs Act 1971
Where can searches under the Misuse of drugs act takes place?
Any public or private place but if it is in a dwelling than the occupier must have been invited in
What section and act can someone be searched for psychoactive substances?
s36 Psychoactive substances act 2016
What section and act can someone be searched under for a public order offence?
Section 60 of the criminal justice and public order act 1994
What is the minimum ranking of an officer who can authorise a section 60 search?
Inspector
What search powers come under s43 of the Terrorism Act 2000?
Stop, detain and search anyone who is suspected to be a terrorist
What search powers come under s43A of the Terrorism Act 2000?
Search of a vehicle which is suspected to have evidence of terrorist activity within it
What search powers come under s47A of the terrorism act 2000?
similar to a section 60. Allows any officer to search any person or vehicle. There is no need for reasonable suspicion. The officer must be in uniform. It needs to be approved by at least a chief constable
What are the conditions of a search under section 289 of the proceeds of crime act 2002?
Officer has the power to search people, vehicles and properties for cash. The officer must have lawfully been let onto the property and have suspicion that at least £1000 of cash is present
What section and act can a search in relation to animal welfare be conducted?
s54 Animal welfare act 2006
What section and act can someone or their vehicle be searched under for a firearm?
S47 Firearms Act 1968
Under what section and act can someone be searched following an arrest and the location of arrest?
S32 PACE act 1984
Under what section and act can a premises be searched after a person is arrested?
S18 PACE Act 1984
What does s18(5) of the PACE act 1984 allow you to do?
Conduct a search of a premises without authority of an inspector due to urgency
Who is a search warrant issued by?
Justice of the peace
What information must be provided to the person being searched by the officer?
G – grounds of the suspicion for the search
• O – object/purpose of the search
• W – warrant card (if the officer is in plain clothes, or if requested by the person)
• I – identity of the officer performing the search
• S – station the officer is attached to
• E – entitled to a copy of the search record
• L – legal power used
• Y – you are detained for the purpose of a search
What items can be searched for under s1 of PACE?
Stolen or prohibited articles
What is classed as a prohibited article under s1 of PACE?
Offensive weapons, including firearms, bladed or sharply pointed articles, any article used in connection with a criminal offence, fireworks
What does s23 of the Misuse of drugs act 1971 allow?
An officer in uniform or plain clothes to search any person, place or vehicle for controlled drugs
