Searching A Premises Flashcards
What does s8 of the pace act 1984 set out?
The rules for conducting a search with a warrant
What allows officers to carry out a search with a warrant?
S8 of pace 1984
What power does s8 of pace 1984 give the police?
The power to apply to a magistrate for a search warrant
What allows police officers to apply to the magistrates for a warrant?
S8 of the pace act 1984
To authorise a warrant, what must magistrates be satisfied the police believe?
They must be satisfied the police have reasonable grounds to believe that:
And indictable offence has been committed and there is material on the premises of substantial value in the investigation of the offence which could be used as evidence
Also that immediate entry is necessary as the search may be frustrated if they communicate with someone entitled to grant entry
What is the purpose of search warrants?
They are designed to prevent an individual from destroying evidence
What does code B or pace 1984 set out?
Guidelines as to the exercise of the power to search premises.
It states the search should be carried out at a reasonable time using reasonable force showing consideration and courtesy towards the property and its occupier
What sets out the guidelines as to the exercise of the power to search premises?
Code B of pace 1984
When should a search be carried out?
At a reasonable hour
When can a search not be carried out at a reasonable hour?
If the search would be frustrated by doing so
How can a premises search be carried out?
With or without a warrant. Any property can be carried out with the persons consent to do so.
What is code B?
Where the power to search a premises is contained
Where are police powers to search a premises contained?
Code B of the pace act 1984
What most the police do upon entering a premises?
They should identify themselves (name and station they’re attached too) and show the warrant to any person on the premises.
However, the courts have held they need not comply with this legal requirement if it would frustrate the case
What case is relevant to search with a warrant?
R v Longman (1988)
What is the case of R v Longman (1988) relevant to?
Search with a warrant
What case happened in 1988?
R v Longman
In what year was the case of R v Longman?
1988
What happened in the case of R v Longman (1988)?
The police had a warrant to search a premises for drugs. Knowing that entry would be difficult a non-uniformed officer posed as a delivery officer from interflora. When the occupants opened the door the police burst in without identifying themselves or showing the warrant. The court of appeal held that force or subterfuge could be lawfully used to gain entry with a warrant.
What was the outcome of R v Longman (1988)?
The court of appeal held that force or subterfuge could be lawfully used to gain entry with a warrant.
Briefly, what are the reasons the police can search a property without a warrant?
To arrest a person named in an arrest warrant
Arrest someone for an offence
Recapture an escaped prisoner
After someone has been arrested for an indictable offence and they believe there’s relevant evidence in the property
What does s17 of the pace act 1984 set out?
That the police may enter and search the premises if it is in order to arrest someone named on an arrest warrant, recapture an escapade prisoner or arrest someone for an offence
Where does it set out that the police can enter and search a premises without a warrant if it is to arrest someone for an offence?
S17 pace act 1984
Where does it set out that the police can enter and search a premises without a warrant if it is to arrest a person named in an arrest warrant?
S17 of pace 1984
