Post arrest searches

What section of PACE is post arrest searches?

Section 32 PACE (Know off by heart)

Search of a person following an arrest

-          A constable may search any person arrested at a place other than a police station if the constable has reasonable grounds for believing that they may present a danger to themselves or others, have an article to escape or evidence relating to an offence.

Additional conditions

-          The person is arrested for any offence

-          The person is arrested other than at a police section

-          The search takes place before the suspect arrives at the police station

-          The search takes place at or near where the suspect was arrested

What is the mnemonic for the objectives of a search?

Objectives of the search

D- dangerous implements

I-implement to aid escape

E-Evidence of an offence

What are the types of searches and what can and cant we do?

Basic search

-          Searching someone in public

-          JOG (jacket, outer garments and gloves)- can’t make people take their shoes and hats off in public

-          Superficial examination of other clothing

-          Under 18s

More thorough search

-          Out of public view i.e. back of the police van

-          Strip searches- authorised by insp at the police station

-          Intimate searches- authorised by insp at the police station

What is the location of the search?

Location of search

Near or at the place where the person was arrested

-          Courtesy and consideration- Take the person away from the main thoroughfare

-          Safety- Remain in sight of CCTV cameras or ither officers for own safety

-          Length of time- Reasonable and kept to a minimum

What do we have to consider in a search?

Person’s considerations

-          Religious/ cultural- considerations and respect

-          Young persons- appropriate language policy

-          Gender

What section of PACE allows us to search a premises post arrest and seize items?

-          Power to seize items- S32 PACE

-          power to search the premises following an arrest- S32 PACE

 

S32- the police power to search premises after arrest

The suspect was at the premises at the time of arrest or immediately before the time of arrest for an indictable offence and the officer has reasonable grounds to believe there is evidence to be found that relates to that offence.

What are we looking for in a search? What mnemonic do we use?

Objectives of the search

D- dangerous implements

I-implement to aid escape

E-Evidence of an offence

What section of PACE is used to search the premises after arrest? What is required

Section 18(1)

-After arrest

-requires inspector authority

-controlled or occupied by suspect

-indictable offence

-reasonable grounds to SUSPECT

- items relating to the offence or similar offence

- items seized under S18

-Everything seized is recorded in PNB

What section allows you to search the house with the suspect there?

 

Section 18(5) i.e. house has weapons, and you want the suspect to show you where stuff is or say kidnapping

-After arrest

-Prior to arrival at police station

-Before bail

-Indictable offence

-Necessary for the effective investigation of the offence

-Must be necessary to have suspect present

-Must inform inspector or above ASAP

What are the PACE codes fro general powers to seize and retain property?

General powers to seize and retain property- S19 & S22 PACE

Basically, seizing property, you weren’t searching for but you can still seize them

S19- Power to seize – A constable who is lawfully on the premises may seize anything which they have reasonable grounds for believing that it has been obtained in consequence of the commission of an offence and that it is necessary to seize it to prevent it being concealed, lost, damaged, altered or destroyed.

S22- Seize it for as long as you need it (Retain property)

What is the mnemonic for things we seize?

CLADD- things we seize

C- Concealed

L- Lost

A-Altered

D-Damaged

D-Destroyed