Search with consent Flashcards
Q: Where are the rules for search with consent contained? What are the rules?
Code B
Unless it would cause disproportionate inconvenience to the person concerned, if it is proposed to search premises with the consent of a person entitled to grant entry then the consent must, if practicable, be given in writing on the notice of powers and rights before the search.
Q: What circumstances may cause disproportionate inconvenience to the person occupier?
Note 5c explains the circumstances that this is intended to cover.
Where it would be reasonable to assume that innocent occupiers would agree to and indeed expect the police to take the proposed action.
Where a suspect has fled the scene of a crime or to evade arrest and it is necessary quickly to check surrounding gardens and readily accessible places to see if the suspect is hiding
Where police have arrested someone in the night after a pursuit and it is necessary to make a brief check of the gardens to see if stolen or incriminating articles have been discarded.
Q: What must an officer do to ensure the person can give consent to enter and search?
The officer must make any necessary enquiries to be satisfied that the person is actually in a position to give such consent.
Q: What must the officer in charge of the search tell the occupier/person who can give consent?
Before seeking consent, the officer in charge of the search must state the purpose of the proposed search and its extent. This information must be as specific as possible, particularly regarding the articles or persons being sought and the parts of the premises to be searched.
The person concerned must be clearly informed that they are not obliged to consent and that any consent can be withdrawn at any time, including before the search starts or whilst it is underway, and anything seized may be reduced in evidence.
If at the time, the person is not suspected of an offence the officer shall say this when stating the purpose of the search.
Q: Can an officer search under duress or if consent is withdrawn?
An officer cannot enter and search or continue to search premises if consent is given under duress or withdrawn before the search is completed.
Q: What if the accommodation is a lodging house or similar?
If the premises are a lodging house or a similar accommodation, then every reasonable effort should be made to obtain the consent of the tenant, lodger, or occupier.
Q: Is consent of a landlord enough?
A search should not be made solely on the landlord’s consent.
