Powers of Entry, Search and Seizure Flashcards
What is section 17 of PACE?
Section 17 provides a wide-ranging power to enter and search any premises to:
· execute an arrest warrant, arrest or recapture a person on any premises
· save life and limb or prevent serious damage to property.
What is section 16 of PACE?
Execution of warrants. … (1)A warrant to enter and search premises may be executed by any constable. (2)Such a warrant may authorise persons to accompany any constable who is executing it.
What is Section 18 of PACE?
To enter and search the premises occupied or controlled by a suspect who has been arrested for an indictable offence. There must be reasonable grounds for suspecting that there is evidence relating to that offence, or to another connected or similar indictable offence, on the premises.
To seize and retain anything for which the officer may search.
This search must be authorised in writing by an officer of inspector rank or above.
Where the presence of the suspect is necessary at the premises for the effective investigation of the offence, authorisation is not required. However, an officer of inspector rank or above must be informed as soon as practicable after the search has been carried out.
What is section 19 of PACE?
Under section 19 of PACE if an officer is lawfully on premises, they may seize anything that is on the premises if:
they have reasonable grounds for believing that it was obtained as a result of the commission of an offence;
it is necessary to seize it to prevent it from being concealed, lost, damaged, altered or destroyed.
An individual’s human rights will be affected every time a police officer…
Stops any person
Uses their powers of search, seizure and confiscation
You may be required to justify your actions in legal proceedings. The Mnemonic PLANN’eD should be used. What does P stand for?
P - Proportionate
What is section 32 (person) of Pace?
A constable may search a person who has been arrested at a place
other than a police station, if the constable has reasonable grounds
for believing the arrested person may:
Present a danger to themselves or others, or
Have concealed on them anything which they may use to assist themselves to escape from lawful custody, or
Have concealed on them anything which might be evidence relating to an offence
REMEMBER: D.I.E
An individual’s human rights will be affected every time a police officer…
Stops any person
Uses their powers of search, seizure and confiscation
You may be required to justify your actions in legal proceedings. The Mnemonic PLANN’eD should be used. What does A stand for?
A - Appropriate
An individual’s human rights will be affected every time a police officer…
Stops any person
Uses their powers of search, seizure and confiscation
You may be required to justify your actions in legal proceedings. The Mnemonic PLANN’eD should be used. What does L stand for?
L - Lawful
An individual’s human rights will be affected every time a police officer…
Stops any person
Uses their powers of search, seizure and confiscation
You may be required to justify your actions in legal proceedings. The Mnemonic PLANN’eD should be used. What do the N’s stand for?
N - Necessary
N - Non-Discriminatory
An individual’s human rights will be affected every time a police officer…
Stops any person
Uses their powers of search, seizure and confiscation
You may be required to justify your actions in legal proceedings. The Mnemonic PLANN’eD should be used. What does eD stand for?
eD - ensure Documented
What is section 1 of PACE?
Stop and searches, Section 1 PACE 1984.
A Police Constable may detain in order to search any person/vehcile or anything which is in or on a vehicle, in any place to which the public has access if he or she has reasonable grounds for suspecting that stolen or prohibited atricles will be found.
Any such article found during a search may be seized.
What Mnemonic can be used to consider your ‘Reasonable Grounds’ to search a person or vehicle under Section 1 of PACE?
SHACKS
S - SEEN - What have you seen? Including actions/behaviour
H - HEARD - What have your heard? i.e conversation, alarms, breaking glass etc.
A -ACTIONS - Including what you did, what the person did in response. Did their actions increase or decrease your grounds to search?
C - CONVERSATION - What did you say to them? What did they say to you? Did their responses increase or decrease your grounds to search?
K - KNOWN - What is already known about the individual in terms of intelligence (not previous convictions). What is the time/location? Is it a crime hot spot? Has the person been seen or pointed out by witnesses?
S - SMELLS - Any smells that might give rise to suspicions that drugs may be present.
Where can you do a Section 1 Search
- In any public place
- Grounds of a dwelling (BUT only if you have reasonable grounds to believe the person does not live there and they are trespassing).
- Any other places to which people have ready access at the time of the search
(But which is NOT a dwelling or grounds of dwelling) eg. a farmers field, school playing field at weekend, allotments, forecourt of a car dealer, a golf course.
What does the first S in SHACKS Mean
SEEN - What have you seen? Including
actions/behaviour
What does H in SHACKS Mean
HEARD - What have you heard? Conversation, alarms,
breaking glass etc
