Searching A Premises

Question 1

What does s8 of the pace act 1984 set out?

Answer 1

The rules for conducting a search with a warrant

Question 2

What allows officers to carry out a search with a warrant?

Answer 2

S8 of pace 1984

Question 3

What power does s8 of pace 1984 give the police?

Answer 3

The power to apply to a magistrate for a search warrant

Question 4

What allows police officers to apply to the magistrates for a warrant?

Answer 4

S8 of the pace act 1984

Question 5

To authorise a warrant, what must magistrates be satisfied the police believe?

Answer 5

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

Question 6

What is the purpose of search warrants?

Answer 6

They are designed to prevent an individual from destroying evidence

Question 7

What does code B or pace 1984 set out?

Answer 7

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

Question 8

What sets out the guidelines as to the exercise of the power to search premises?

Answer 8

Code B of pace 1984

Question 9

When should a search be carried out?

Answer 9

At a reasonable hour

Question 10

When can a search not be carried out at a reasonable hour?

Answer 10

If the search would be frustrated by doing so

Question 11

How can a premises search be carried out?

Answer 11

With or without a warrant. Any property can be carried out with the persons consent to do so.

Question 12

What is code B?

Answer 12

Where the power to search a premises is contained

Question 13

Where are police powers to search a premises contained?

Answer 13

Code B of the pace act 1984

Question 14

What most the police do upon entering a premises?

Answer 14

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

Question 15

What case is relevant to search with a warrant?

Answer 15

R v Longman (1988)

Question 16

What is the case of R v Longman (1988) relevant to?

Answer 16

Search with a warrant

Question 17

What case happened in 1988?

Answer 17

R v Longman

Question 18

In what year was the case of R v Longman?

Answer 18

1988

Question 19

What happened in the case of R v Longman (1988)?

Answer 19

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.

Question 20

What was the outcome of R v Longman (1988)?

Answer 20

The court of appeal held that force or subterfuge could be lawfully used to gain entry with a warrant.

Question 21

Briefly, what are the reasons the police can search a property without a warrant?

Answer 21

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

Question 22

What does s17 of the pace act 1984 set out?

Answer 22

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

Question 23

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?

Answer 23

S17 pace act 1984

Question 24

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?

Answer 24

S17 of pace 1984

Question 25

Where does it set out that the police can enter and search a premises without a warrant if it is to recapture an escaped prisoner?

Answer 25

S17 of pace 1984

Question 26

Where does it set out that the police can enter and search the suspects premises without a warrant after the suspect has been arrested for an indictable offence?

Answer 26

S18 of pace 1984

Question 27

Where does it set out that the police can enter and search the premises the defendant (who committed an indictable offence) was in or just before their arrest without a warrant?

Answer 27

S32 of pace 1984

Question 28

What does s18 of pace 1984 set out?

Answer 28

That the police can search the premises’ owned or controlled by a defendant after they have been arrested for an indictable offence if they believe there to be relevant evidence

Question 29

What does s32 of the pace act 1984 set out?

Answer 29

That the police can search the premises the defendant was in (or in just before) their arrest for an indictable offence if they believe there to be relevant evidence

Question 30

What does s19 of the pace act 1984 state?

Answer 30

That the police can retain any relevant evidence once lawfully of the premises

Question 31

What states the police can seize any relevant evidence once lawfully on the premises?

Answer 31

S19 of pace 1984

Question 32

What can happen if the police enter a premises unlawfully?

Answer 32

They can be sued for damages

Question 33

What case is relevant to an unlawful search without a warrant?

Answer 33

O’Loughlin v Chief Constable of Essex (1998)

Question 34

What is the case of O’Loughlin v Chief Constable of Essex (1998) relevant too?

Answer 34

An unlawful search without a warrant

Question 35

What case happened in 1998?

Answer 35

O’Loughlin v Chief Constable of Essex (1998)

Question 36

In what year was the case of O’Loughlin v Chief Constable of Essex?

Answer 36

1998

Question 37

What happened in the case of O’Loughlin v Chief Constable of Essex (1998)?

Answer 37

The police forces their way in without explaining that it was in order to arrest Mr O’Loughlin’s wife for criminal damage. He was able to sue the police for damages on the grounds of their unlawful entry.