Powers To Search Flashcards
Search a person
- Police can search a person without a warrant after an arrest, to find evidence, weapons, or other items that may aid an escape.
- immediate possessions can be searched
- searches must be done by someone of the same sex and in private where possible.
What police can do
Police can designate a certain time and place (new year eve) in order to search people at a random.
Certain laws allow police to sear a person, possession or property without a warrant in certain circumstances.
Types of searches on people
Pat down search
-police may ask for outer clothing to be removed and will use hands to check for concealed items.
Full strip search
Should not involve touching and should be done in private. An officer will instruct the removal of clothes.
Powers to search a premises with warrant
Police can enter and search a premises for the purpose of finding and arresting a person fi they believe:
- a person has committed a serious indictable offence (punishable by 5 years)
- has escaped from legal custody (prison or police arrest)
Power to search a premises with warrant
If police believe it’s necessary to find evidence, they apply to court for a warrant allowing them to search a premises.
Other reasons to search a premises
- the occupier gives permission
- to stop a breach of peace
- if a breach of intervention order is in progress
