Search Powers (Premises) Flashcards
Define the term search
…to examine another’s premises (including a vehicle) to look for evidence of criminal activity.
State the 2 search objectives
- Search to the extent needed to find the item or person you are looking for.
- Searches of multiple occupancy dwellings confined to subjects own property and communal areas.
What are the 2 types of police powers to enter and search premises?
- the powers of search and seizure under warrant, and
* entry search and seizure powers without warrant.
What PACE code of practice allows for police powers to search premises and to seize and retain?
P.A.C.E Code B
Name the 2 types of grounds
Reasonable Grounds to Suspect (R.G.S)
Reasonable Grounds to Believe (R.G.B)
Under section 23 of PACE, what is meant by premises?
Any place, including: o Any vehicle, vessel, aircraft or hovercraft o Any offshore installation o Any renewable energy installation o Any tent or moveable structure
What does section 117 of PACE cover?
Using Reasonable Force to gain entry to premises
When can section 117 be used?
Can be used as a last resort, and only when
• The premises are known to be unoccupied
• The owner/occupier is known to be absent
• Not to do so would frustrate the operation or endanger someone
• The occupier, or other person entitled to grant access, refuses to do so
• It is impossible to contact the owner or other person entitled to grant access
If premises entered by force, YOU must ensure they’re secure before leaving
What does section 19 of PACE cover?
Seizure of property
What does section 19 state?
A constable who is lawfully on any premises may seize:
• Anything which you have R.G.B is evidence of an offence
• Does not have to be related to the offence at hand but could be another offence
• Anything which has been obtained in consequence of the commission of an offence
• Anything covered by a search warrant
The seizure of property must be necessary to prevent the item being what?
CLAD
Concealed
Lost
Altered
Destroyed
What does section 22 of PACE cover?
Retention of seized property
When may you retain seized property?
If: • It will be used as evidence at a trial (unless a photograph or other copy will suffice) • For forensic examination • Needed for further investigation • To establish its lawful owner
If these no longer apply, it must be returned to its lawful owner.
What does section 17 of PACE cover?
Entry to Search for and Arrest a Person OR Entry to Prevent Serious Injury or Damage
Under Section 17, Search & Arrest what must this be based on and what may a constable do?
Entry to Search for and Arrest a person must be based on R.G.B that they are there.
A constable may enter any premises under this power in order to:
• Execute an arrest or commitment warrant issued by the courts *
• Arrest for an Indictable offence
If a magistrate issues a warrant for an arrest it’s not the same to issue a warrant to search a premises
Section 17, Prevent Serious Injury or Damage - what is this commonly known as and what changes for this compared to search and arrest?
Commonly known as ‘saving life & limb’
• R.G.B becomes R.G.S for this part only
What does section 18 of PACE cover?
Search after arrest
What does section 18 state?
“..a constable may enter and search any premises occupied or controlled by a person who is under arrest for an indictable offence, if he has reasonable grounds for suspecting that there is on the premises evidence, other than items subject to legal privilege, that relates—
(a) to that offence; or
(b) to some other indictable offence which is connected with or similar to that offence.”
What is needed for an s 18 search to go ahead?
Written authority from an inspector is needed for such a search under s 18 – should record time and date when authority is given.
What does section 18 (5) state?
“ 5) A constable may conduct a search under subsection (1)—
(a) before the person is taken to a police station or released F3… under section 30A, and
(b)without obtaining an authorisation under subsection (4),if the condition in subsection (5A) is satisfied.
(5A)The condition is that the presence of the person at a place (other than a police station) is necessary for the effective investigation of the offence.”
What must happen if a section 18 (5) is used?
The inspector must be informed ASAP
What does section 32 of PACE cover?
Search upon arrest
When can section 32 be used?
Search of premised where arrested
Search of premised they were in immediately before being arrested
Arrested for an indictable offence
RGB evidence of the offence arrested for
When can Searching of a Premises with Consent occur?
If no power to search exists (can ask to search)…
What must happen when asking for consent?
In Writing - Notice of Powers & Rights form …
Informed consent after informing the occupier (not a landlord )..
o Their identity and the identity of those with them..
o Why they want permission to enter, e.g. to search for a person or object..
o The occupier must be told that he or she is not obliged to consent and can withdraw consent at any time..
o The occupier must be informed whether he or she is a suspect..
o That anything seized may be produced in evidence.
If consent withdrawn – you withdraw. Unless circumstances have created a power to remain.
What is a search warrant and when are they used?
• Written authority – issued by a magistrate or judge
• Where other powers are not available or practical
• Seek supervisory guidance first
• The following are the most commonly used:
o Evidence of indictable offences (Section 8 of PACE 1984)
o Stolen property (Section 26 of the Theft Act 1968)
o Controlled drugs (Section 23 of the Misuse of drugs Act 1971)
What does section 15 of PACE cover?
Applying for a Warrant
What are 6 key points when applying for a warrant?
- Written application endorsed by Inspector or above
- Apply in person to the court…on oath
- Routinely questioned by the court as to necessity
- Names the property and the evidence sought as far as practicable
- Multiple occupancy – must state the parts ‘occupied or controlled’ by the individual, and ‘communal’ areas
- Authorises entry on ONE occasion only for Stolen Goods or Drugs… BUT.
What does section 16 of PACE cover?
Executing a Warrant
What are 4 key points when Executing a Warrant?
- Any constable and authorised persons under their supervision
- When executed, ‘notice of powers & rights’ and ‘copy of warrant’ supplied to occupier, or if absent, left in prominent position
- Once executed, warrant endorsed with results of the search
- Returned to the originating court
What does section 8 of PACE cover?
Warrants
Section 8 warrants key points
- R.G.B - indictable offence committed
- R.G.B - material on the premises which is of substantial value to the investigation
- Can be specified for multiple entry
- Can be a specific premises warrant ( more than one can be named )
- Can be all premises warrant ( named and un-named )
- If un-named premises entered, must be after written further permission of inspector
