Powers of Entry and Search

Question 1

State the powers of entry, search and seizure without a warrant.

Answer 1

• PACE Section 17
• PACE Section 18
• PACE Section 32 + 32b

Question 2

State the article of the human rights act that needs to be considered when using poweres of entry

Answer 2

Article 8 - right to a private life

Question 3

Explain what is meant as a premises, and state where it is defined

Answer 3

Mneumonic = HAVVROT
H: Hovercraft
A: Aeroplane
V: Vehicle
V: Vessel
R: Renewable energy installation
O: Oil rig
T: Tent

Defined under Section 23 PACE 1984:

Premises defined as ‘any place’ would include the places normally associated with premises such as private dwellings and commercial buildings.

Question 4

Explain Section 17 PACE 1984

Answer 4

A constable may enter and search any premises for the purpose of:

-Execute a warrant
-Arrest for indictable offence
-Section 1 Public Order Act 1936
-Section 4 Public Order Act 1986
-Sections 6,7,8 or 10 Criminal Law Act 1977
-Section 76 Criminal Justice and Public Order Act 1994
-Section 163 of the Road Traffic Act 1988
-Section 4 Road Traffic Act 1988
-Section 27 Transport & Works Act 1992
-Recapturing any person who is unlawfully at large
-Saving life & limb

Must have reasonable grounds to believe that the person whom you will arrest or recapture is on the premises that you want to enter.

Question 5

Explain Section 32 PACE 1984

Answer 5

Section 32:
A constable may search any person, who has been arrested at a place other than at a police station if they have reasonable grounds for believing that the arrested person may present.

Danger to himself or others, Implement which he might use to escape, or Evidence relating to an offence.

Section 32 b:
A constable may enter and search any premises in which a person was when arrested or immediately before he was arrested for evidence relating to the offence for which he was arrested.

reasonable grounds for believing they may present a danger to themselves or others or have concealed on them items to assist their escape or which might be evidence of an offence.

Question 6

Explain Section 18 PACE 1984

Answer 6

A constable may enter and search any premises occupied or controlled by a person under arrest for an indictable offence if he has reasonable grounds for suspecting that there is on the premises evidence relating to that offence or another indictable offence which is connected with or similar to that offence/ Inspectors authority

Reasonable grounds to suspect

Question 7

Explain the powers of Entry, Search & Seizure with a Warrant

Answer 7

PACE Section 8 - Search with a warrant

If on an application made by a constable a justice of the peace is satisfied that there are reasonable grounds for believing:

(a) that an indictable offence has been committed; and

(b) that there is material on premises to the investigation of the offence; and

(c) that the material is likely to be relevant evidence; and

(d) that it does not consist of or include items subject to legal
privilege, excluded material or special procedure material; and

(e)that any of the conditions specified in subsection 3 applies,

They may issue a warrant authorising a constable to enter and search the premises

Question 8

Explain PACE 1984 code of practice B

Answer 8

Regulates the searching of a property and seizure from a premises.

• Time of searches
• Entry other than consent
• Notice of powers and rights
• Conduct of searches
• Leaving of premises

Question 9

Describe the process of planning & preparing a search

Answer 9

Before a search:
* Must have a designated officer in charge
* Must know the location of search

Question 10

State the 5 distinct areas to search when searching a vehicle

Answer 10

1. Interior
2. Boot or cargo area
3. Engine compartment
4. Outside
5. Underneath

Question 11

Explain Section 19 PACE 1984

Answer 11

A constable who is lawfully on any premises may seize anything which is:
* Covered by a warrant
* Anything they have reasonable grounds for believing is evidence of an offence
* Anything that has been obtained in consequence of the commission of an offence and it is necessary to seize it to prevent it being:

CONCEALED
LOST
ALTERED
DAMAGED
DESTROYED

Items subject to legal privilege may not be seized

Must have reasonable grounds to believe

Question 12

State the mneumonic used for seizing property

Answer 12

CLADD

C: Concealed
L: Lost
A: Altered
D: Damaged
D: Destroyed