Section 32: Search Upon Arrest

Question 1

Under section 32 of PACE, when can an officer search a person?

Answer 1

• Arrested in a place other than a Police station
• if constable has reasonable grounds to believe that arrested person
• may present a danger to themselves or others

S32.1

Question 2

What can a constable search a person for?

Answer 2

• Anything
• he might use to assist in escape from lawful custody
• which might be evidence relating to an offence

S32.2(a)

Question 3

Can a constable search a premises under section 32 PACE? Why/Why not?

Answer 3

• Yes
  IF
• Belief offence is indictable
• Has reasonable grounds
• Search can be completed at time of arrest or before arrest
• to search for evidence related to offence

S32.2(b)

Question 4

How much of a person/property can you search under S32 PACE?

Answer 4

• You can search to the extent that is reasonably required
• for the purpose of finding evidence

S32.3

Question 5

What can an officer search/request to be removed in a public search?

Answer 5

• *J**acket
• *O**uter coat
• *G**loves

Mouth (included under S32)

S32.4

Question 6

There may be more than one dwelling an officer can search under S32, where would this include?

Answer 6

Any dwelling where:

• the arrest took place
• the person was immediately before the arrest
• Common use areas shared by other residents, but not their personal areas

S32.7(a,b)

Question 7

Can a constable seize and retain anything he finds?

Answer 7

Yes
IF

• S32.8
• He has reasonable grounds to believe
• item found might cause physical injury to himself or others
• *S32.(a,b)**
• he might use it to assist an escape
• it is evidence of an offence or has been obtained from committing an offence