Response policing Flashcards
When can a search be carried out?
Premises must not be entered or searched nor property seized unless authorised by law and then only… when it is necessary and a proportionate response in the circumstances.
Powers of entry, search and seizure without warrant.
Pace S17 - entry for purpose of arrest/recapture/saving life and limb.
Pace S32 - Search of premises where arrested person is/ has recently come from.
Pace S18 - entry and search after arrest - triable either way or indictable only.
S17 1A PACE 1984
A constable may enter and search any premises for the purpose of executing a warrant of arrest or commitment.
S17 PACE 1984
Arresting a person for an indictable offence/ an offence under S1 POA 1936.
S4 public order act 1986
S6 to 8 or 10 of criminal laq act 1967
S76 criminal justice and public order act 1994.
S163 road traffic act 1988
S4 road traffic act 1988
S27 transport and works act 1992.
Recapturing a person unlawfully at large and whom he is pursuing, Saving life and limb or preventing serious damage to property.
S32(1) PACE 1984
A constable may search any person who has been arrested at a place other than 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.
Evidence relating to an offence.
S32 (2)(b) PACE 1984
A constable may enter and search a 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.
S18 (1) PACE 1984
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.
S18 PACE 1984
An inspectors authority will be required for all S18 searches unless… A constable may conduct a search before taking the person to a police station without obtaining an authorisation from an inspector if the presence of that person at a place is necessary for the effective investigation of the offence (S18(5))
Consent …
Gaining entry with consent - premises may be searched (other than under a statutory power) with the written consent of a person entitled to grant entry.
Gaining entry without consent - the occupier, or other person entitled to grant access to the premises is entitled to an explanation of the authority under which entry is sought and that occupier should be asked to grant access.
Connected property…
Is a police term that refers to any property that may be evidence of an offence or have some connection to an offence. This could be anything from a weapon used to commit an assault, to a jumper worn by a suspect that may have possible microscopic glass samples in the fibres from being at the scene where a window was broken.
S1 PACE…
A police constable may detain any person or vehicle 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 articles, prohibited fireworks or bladed or sharply pointed articles will be found,
Any such article found during a search may be seized.
What is a vehicle?
… a means of conveyance, usually with wheels, for transporting people, goods etc such as a car, cart, truck, carriage, sledge etc.
Any means of carriage or transport (including vessels, aircraft, hovercraft)
Prohibited articles…
Any offensive weapon:
made, adapted, intended.
What can you give evidence of?
Anything:
Seen, Heard, Actions, Conversations, Knowledge, Smells
GOWISELY
Grounds for search Object or purpose of search Warrant card - If in plain clothes Identity of officer Station to which attached Entitlement to copy of record Legal power uses You are detained for purpose of search.
