Search Powers Flashcards
Carrying out the pre-search procedure
The requirements are generally referred to as ‘GOWISELY’:
G rounds of the suspicions for the search
O bject/purpose of the search
W arrant card (if the officer is in plain clothes or if requested by the person)
I dentity of the officer performing the search
S tation to which the officer is attached
E ntitlement of a copy to search record
L egal powers used
Y ou are being detained for the purpose of a search
Recite s1 PACE
Section 1(2)(a) of PACE provides police officers with the power to stop and search any person, vehicle, or anything which is in or on a vehicle, for…
- Stolen Items
- Offensive weapons
- Articles in connection with theft, burglary, TWOC or fraud
- Pointed or bladed articles
- Fireworks
Section 1(2)(b) gives the accompanying power to detain individuals and vehicles for the purpose of conducting a search.
Section 1(3) specifies that the power only applies where the officer has reasonable grounds to suspect that the relevant article will be found.
Give an example of what you would say if you saw a car smelling of cannabis driving eratically, to then pull it over and see grinder and guy looking high.
“I am DC BUSBY from CRAWLEY police station and you are detained for the purposes of a search.
I am going to search you under section 23 of the Misuse of Drugs Act.
Here is my warrant card.
I am searching you for drugs, as I have seen you driving erratically and at speed, and when speaking you appear anxious, your pupils are dilated and you look dazed.
I also see drug paraphernalia in your vehicle. Your are entitled to a copy of this search.”
PACE Code of Practice Code B sets out the procedure to be followed when a search by consent takes place. To summarise:
The officer in charge of the search must inform the person giving consent:
- of their identity and the identity of those with them
- of why they want permission to enter, e.g. to search for a person or object
- that he or she is not obliged to consent, and can withdraw consent at any time
- whether he or she is a suspect
- that anything seized may be produced in evidence.
Section 1 of PACE 1984 is perhaps the most commonly used. Under this officers can search for what?
An easy way to remember this is SOAP:
S tolen articles
O ffensive weapons
A rticles made or adapted for use in the course of or in connection Theft, Burglary, TWOC, Fraud, Criminal Damage, possession of certain fireworks.
P ointed or bladed articles
Stop and Search can be used under many different powers, what is the most common?
s 1 of the Police and Criminal Evidence Act 1984 (PACE)
s 23 of the Misuse of Drugs Act 1971.
There are a number of powers that allow officers to search without a warrant. Covered in this section are:
Section 8 PACE – Search Warrants for Indictable Offences
Section 15 PACE – Application for Warrant
Section 16 PACE – Execution of a Warrant
Section 17 PACE – enter and search for people (either to arrest, recapture or save)
Section 18 PACE (1 and 5)– enter and search for evidence after arrest (occupied or controlled)
Section 19 PACE – power to seize items from premises
Section 22 PACE – power to retain items seized
*Section 32 PACE – enter and search for evidence upon arrest (place of arrest)
Proceeds of Crime Act 2002 – Power to seize and retain cash or other proceeds of crime
Search Warrants for Indictable Offences— s.8 PACE
The Police and Criminal Evidence Act 1984, s. 8 states:
(1) If on an application made by a constable a justice of the peace is satisfied that there are reasonable grounds for believing—
(a) that an indictable offence has been committed; and
(b) material on premises likely to be of substantial value (whether by itself or together with other material) to the investigation of the offence; and
(c) that the material is likely to be relevant evidence; and
(d) that it does not consist of or include items subject to legal privilege, excluded material or special procedure material; and
(e) that any of the conditions specified in subsection (3) below applies in relation to each set of premises specified in the application
…he may issue a warrant authorising a constable to enter and search the premises.
(2) A constable may seize and retain anything for which a search has been authorised under subsection (1) above.
Section 17 PACE Searches
A constable may enter and search any premises for the purpose of:
- Executing an arrest or committal warrant.
- Arresting for an indictable offence.
- Arresting for offences under; Prohibitions of uniform, Entering and Remaining on Property, Sec 4 POA, Failing to comply with an interim order.
- To recapture someone unlawfully at large with whom the officer is in hot pursuit.
- Saving life and limb (not a concern for welfare)
- Preventing serious damage
- Failing to stop for a constable in uniform
- Arrest a child who has remanded into the care of a local authority
Section 17 PACE Searches
This power gives officers the authority to enter any premises in order to either arrest people for certain offences, recapture people in certain circumstances, save life and limb, or to protect property from serious damage.
In order to exercise this power of entry under any of the above circumstances, you must have…
Reasonable grounds to believe that the person whom you will arrest or recapture are on the premises that you want to enter (Sec 17.2).
However, when entering to save life or prevent serious damage to property you actually only need reasonable grounds to suspect that the someone is on the premises or that property will be damaged.
Power of Entry—s.17 PACE
(1) Subject to the following provisions of this section, and without prejudice to any other enactment, a constable may enter and search any premises for the purpose…
What are the specific offences?
(i) section 1 (prohibition of uniforms in connection with political objectives) of the Public Order Act 1936;
(ii) any enactment contained in sections 6 to 8 or 10 of the Criminal Law Act 1977 (offences relating to entering and remaining on property);
(iii) section 4 of the Public Order Act 1986 (fear or provocation of violence);
(iiia) section 4 (driving etc. when under influence of drink or drugs) or 163 (failure to stop when required to do so by constable in uniform) of the Road Traffic Act 1988;
(iiib) section 27 of the Transport and Works Act 1992 (which relates to offences involving drink or drugs);
(iv) section 76 of the Criminal Justice and Public Order Act 1994 (failure to comply with interim possession order);
(v) any of sections 4, 5, 6(1) and (2), 7 and 8(1) and (2) of the Animal Welfare Act 2006 (offences relating to the prevention of harm to animals);
(vi) section 144 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (squatting in a residential building);
Section 18 PACE Search
Section 18 PACE covers occasions when:
A person is under arrest for an INDICTABLE or EITHER WAY offence.
There are grounds to suspect that there is EVIDENCE relevant to the offence they have been arrested for, or evidence of a similar or connected indictable offence(s).
This evidence is inside premises OCCUPIED or CONTROLLED by that person.
Section 18 PACE Search
In practical terms Sec 18.5 is used at what times?
(Tell inspector later)
Where officers feel it necessary to secure evidence that may otherwise be lost before such authorisation is obtained (e.g. a friend or family member has learned of the arrest and may discard evidence)
OR where carrying out the search before taking the arrested person to the police station is more effective (e.g. where a suspect has been arrested and is on way to a police station several miles away and his home address is nearby).
Section 32 Pace Searches
Section 32 PACE applies when?
The person has been arrested at a place other than a police station (which includes public areas such as the front desk), if the constable has reasonable grounds for believing that the arrested person may present a danger to himself or others.
It does not require specific authority from an inspector or above.
Section 32 Pace Searches
A Constable may search an arrested person if he appears:
- To be a danger to himself or others
- Or for anything which he might use to escape from custody
- Or which might evidence of an offence
…and he may enter and search premises where he was arrested or where he was immediately before he was arrested.
Searches of detained persons.
s54 PACE
(4) Clothes and personal effects may only be seized if the custody officer—
(a) Believes that the person from whom they are seized may use them—
(i) To cause physical injury to himself or any other person;
(ii) To damage property;
(iii) To interfere with evidence; or
(iv) To assist him to escape; or
(b) Has reasonable grounds for believing that they may be evidence relating to an offence.
