Powers of Entry & Search

Question 1

PACE s18

Answer 1

(1)A constable may enter and search any premises occupied or controlled by a person under arrest for an indictable offence.
S18(5) a constable may conduct a search before the person is taken to the police station and without obtaining written authorisation if the presence of the person is necessary for the effective investigation of the offence.
S18(3) limits the power to search to the extent that is reasonably required for the purpose of discovering relevant evidence. Limits where you can search.

Question 2

PACE s 19

Answer 2

This is to seize items which could be linked to crimes under certain circumstances.
Concealed
Loss
Altered
Destroy
Damage
All about reason to believe to seize certain things.
A constable who is lawfully on any premises may seize anything which is:
• Covered by a warrant
• Anything that has been obtained in consequence of the commission of an offence
• Anything they have reasonable grounds for believing is evidence of an offence
S19(4) PACE opening up computers to access hard drives, this is a specialist area the advice of a supervisor should be sought.
Seize & Sift criminal justice and police act 2001 – taking a large quantity of property in order to sift through it.

Question 3

can use jog - stop and search

PACE section 32

Answer 3

where the officer has 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.

reasonable grounds here require higher level of proof

can search a dwelling to where they have come from

Question 4

section 17 PACE 1984

Answer 4

A police officer must have REASONABLE GROUNDS TO BELIEVE that the person whom you will arrest or recapture is on the premises that you want to enter.

indictable offence only