Search Powers Flashcards
Learn all about search powers
What can the police search when they have reason for suspicion?
People
Property
Vehicles
Homes
What do the police search for?
Stolen items
“Articles” connected to Burglary, Theft (including theft of motor vehicle), Fraud Criminal Damage
Offensive weapons
Fireworks
What is the difference between subjective and objective suspicion?
Subjective: Genuine suspicion in police officer’s mind
Objective: Based on relevant facts, information and/or intelligence
Why are search powers needed by police officers?
Because it enables police to check and confirm suspicions without using their power of arrest.
When is search and entry (with a warrant) of property allowed?
Common law says police can enter public or private premises to deal with or prevent a breach of the peace.
To prevent acts that seriously disturb public peace.
To prevent harm to individuals or property, and to stop actions which are likely to provoke such harm.
Name 5 things that Sc 17 of PACE say police search powers allow?
Arresting a person for an Indictable Offence
Arresting a person for an offence under:
section 4 - driving when under influence of drink
section 27 - offences involving drink or drugs
Animal Welfare Act 2006 -offences relating to the prevention of harm to animals
Recapturing any person who has acted unlawfully
To arrest a person for using or threatening violence for the purposes of entering premises ot for unlawfully entering the premise (Criminal Law Act 1977)
To arrest a person who interferes with an Officer of the Court when they are trying to enforce a judgement
To arrest someone for failing to stop a vehicle when
required
Other than to save a life, or prevent injury or serious
damage to property, the police can only exercise the
above powers if they have reasonable grounds to
believe that the person they are searching for is on the
premises. (Requires Inspector’s authorisation as well).
Police officer MUST be in uniform (not CID or plain
clothes)
