Search with Consent Flashcards

1
Q

If there is no available police power or warrant to carry out a legal search you may still be able to search the premises if you have the consent of the owner or occupier.

Such examples may be:

A

Premises being searched for a missing person. Instances, where officers have information about suspected stolen property being on-premises but the grounds for arrest or a warrant, are not sufficient.

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2
Q

PACE Code of Practice Code B sets out the procedure to be followed when a search by consent takes place. To summarise:

A

The consent must be given in writing by a person entitled to do so (owner, occupier etc.) on the Notice of Powers and Rights form.

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.
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3
Q

Certain situations will dictate that it would be a disproportionate inconvenience to gain consent for an owner / occupier and that their support for police action can be assumed.

A

In these cases you should perform your duties and inform the occupier / owner at the earliest opportunity.

For example, where you need to search a garden at 4 a.m in the morning for a weapon discarded by a suspect arrested for robbery.

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