Entry, search and seizure
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196 Terms
Which human rights does entry, search and seizure compromise?
The right to privacy and the right to respect for personal property
When should a person exercise their powers for entry, search and seizure?
When they are lawful, necessary and justified
How should a person exercise their powers for entry, search and seizure?
Courteously and respectfully
When should a person use force to exercise their powers for entry, search and seizure?
When it is necessary and proportionate
What should a person consider when exercising their lawful authority for entry, search and seizure?
Can the necessary objectives be met by less intrusive means?
Which legislation provides the human rights considerations in entry, search and seizure?
Humans rights act considerations when utilising powers of entry and seizure - code B paragraphs 1.3 and 1.4
What are the equality considerations when utilising powers of entry and seizure? (Code B paragraph 1.3A)
Enter, search and seize fairly and responsibility, with respect and without unlawful discrimination, harassment or victimisation. Advance equality of opportunity between persons who do and don’t share a relevant protected characteristic and take steps to foster good relations.
What powers does Code B of PACE 1984 give to police?
The powers to search premises and seize and retain property found on premises and persons
What is being searched for in Code B of PACE 1984?
Property and material relating to crime, wanted persons, or children who absconded from local authority accommodation
Under what powers can police search and seize under Code B PACE 1984?
Occupier’s consent
Warrant - section 15 and 16 PACE 1984
Without warrant - sections 17, 18 and 32 PACE 1984
Any other power given to police to enter premises with or without a warrant
When will it be unnecessary to seek consent prior to searching? Code B paragraph 5.4
Seeking consent would cause them disproportionate inconvenience and an innocent occupier would be expected to give their consent
What information must be provided before seeking consent to search? Code B paragraph 5.1
Purpose and extent of the search
No obligation to consent
Consent can be withdrawn
Anything seized may be produced in evidence
If person is not suspected of an offence at the time of the search, they should be informed
How will consent to search be recorded? Code B paragraph 5.1
Must be given in writing on the Notice of Powers and Rights prior to search taking place
When can you not proceed with a search by consent? Code B paragraph 5.3
Cannot enter, start or continue a search if consent is refused, provided under duress or withdrawn before search is completed
What does section 15 PACE 1984 regulate?
Applications for warrants
What does section 16 PACE 1984 regulate?
Execution of warrants
What can a justice of the peace issue a warrant for?
Stolen property
Controlled drugs
Evidence for indictable offences
Compliance with TPIM obligations
What can a circuit judge issue for a warrant for?
Schedule 1 PACE 1984
Schedule 5 Terrorism Act 2000
What must you check about the information before lodging an application for a warrant? Code B paragraph 3.1-3.3
That it is accurate, recent and not provided maliciously or irresponsibly
What information should be gathered before lodging an application for a warrant? Code B paragraph 3.1-3.3
Articles sought, location of articles, any known information about likely occupier of premises or premises themselves, and any other relevant information
Can an application be made on the bases of information from an anonymous source if corroboration has not been sought? Code B paragraph 3.1
No
What is included in the definition of premises? Section 23 PACE 1984
Place
Vehicle
Vessel
Aircraft
Hovercraft
Offshore/renewable energy installation
Tent/movable structure
Whose authority must you seek for a warrant in a non-urgent situation? Code B paragraph 3.4
Signed written authority of an inspector or above
Whose authority must you seek for a warrant in a non-urgent situation? Code B paragraph 3.4
Where no inspector or above is “readily available”, the next most senior officer on duty may give the written authority
When would a warrant need to be supported by the signed written authority of a superintendent or above?
An application to a circuit judge under schedule 5 of the terrorism act 2000 for a production order, search warrant, or order requiring an explanation of material seized or produced
How will the application be made after obtaining the requisite authority? Section 15(3)&(4) PACE 1984 and Code B paragraph 3.4
An application made ex parte supported by an information in writing
Constable answers under oath any question from the person hearing the application
Details of the extent of the proposed search given
What should be specified in a search warrant application?
Enactment
How many premises and what they are
Object of search
Grounds for search
Whether it is for entry and search on more than one occasion
No reasonable grounds to believe the material sought consists of legal privilege, excluded material or special procedure material
If another person needs to be authorised to accompany the officer executing the warrant
What must be further specified in a search warrant application if entry and search is requested on more than one occasion?
The grounds and whether the number of entries will be unlimited or a specified maximum
What must be further specified in a single search warrant application if entry and search is required for more than one set of specified premises?
Specify each set of premises
What must be further specified in a single search warrant application if entry and search is required for all premises occupied or controlled by a specific person?
As many sets of premises as reasonably practicable to specify, the person, the reason it is necessary to search more premises than those specified, and why it is not reasonably practicable to specify all the premises
Can a further warrant application be made in the event of an initial refusal?
Yes, if there are additional grounds
How many entries are granted by a warrant?
One unless the warrant expressly authorises multiple entries
What does a warrant issued by the court specify? Section 15(5)-(6) PACE 1984
Name of applicant
Date of issue
Enactment
Each set of premises or person occupying/controlling all premises
Articles sought
Person sought
Number of entries
How many copies of a warrant for one set of premises and only single entry should made be? Section 15(7)-(8) PACE 1984
2 certified copies
How many copies of a warrant for multiple premises or multiple entries authorised should be made? Section 15(7)-(8) PACE 1984
As many certified copies as are reasonably required
Who can exercise a warrant? Section 16(1)-(2B) PACE 1984
A constable or an authorised person in the company and under the supervision of a constable
What is the time limit to conduct a search under a warrant? Section 16(3) PACE 1984 and Code B paragraph 6.1
3 calendar months of the date of issue or the period specified in the enactment specified, if shorter
When is it necessary to obtain authority from an inspector or above prior to executing a warrant for an all premises warrant? Section 16(3A)&(3B) PACE 1984
Proposed search in premises which are not specified in the all premises warrant
When is it necessary to obtain authority from an inspector or above prior to executing a warrant for a multiple entry warrant? Section 16(3A)&(3B) PACE 1984
Proposed search in premises for a second or subsequent time
When must entry and search under a warrant be conducted?
At a reasonable hour, unless it appears the purpose of the search may be frustrated on entry at a reasonable hour
Who is normally in charge of the search?
The most senior officer present
When would the most senior officer not be in charge of a search?
When someone of a lower rank is more conversant with the facts, when all officers have the same rank, or when a senior officer is assisting in a special role
Must the searching officer be in uniform?
No
What action should be taken by a constable when executing a warrant if the occupier is present at the time of the search OR the occupier is not present at the time of the search, but a person in charge of the premises is present?
Identify themselves to the occupier/person in charge
If not in uniform, produce warrant card
Produce warrant
Supply with a copy of warrant
What action should be taken by a constable when executing a warrant if neither the occupier or person in charge is present?
Leave a copy of the warrant in a prominent place on the premises
Who/where must the original warrant not be left/left with?
The occupier, the person in charge, or at the premises
What extent of search is permitted? Section 16(8) PACE 1984
To the extent required for the purpose for which the warrant was issued
What are the post search endorsement obligations? Section 16(9) PACE 1984
After the search, the constable must make a record on the warrant of any articles or person sought that were found and any articles that were seized
When should a warrant be returned?
When it has been executed or void due to the expiry of the time limit
Who should a warrant be returned to if it was issued by the Justice of the Peace?
The designated officer for the local justice area
Who should a warrant be returned to if it was issued by a judge?
The appropriate officer of the court
What happens to a warrant once it is returned?
It is retained for 12 months and in those, the occupier of the premises searched can inspect the warrant upon request
What type of warrant is specified in Section 8 PACE 1984?
Search warrants for indictable offences
Who may apply for a warrant under section 8(1) PACE 1984?
A constable may apply for a warrant to a Justice of the Peace or the power can be conferred on a person designated as an investigating officer (police reform act 2002)
What are the 2 types of warrant a constable can apply for under section 8 PACE 1984?
A specific premises warrant or an all premises warrant (one or multiple entry - whatever is specified)
What are the powers granted by a section 8 PACE 1984 warrant?
Entry and search
What are the beliefs that must ALL be met for a section 8 PACE search warrant?
Indictable offence committed
Material on premises of substantial value to investigation
Material is admissible
Material is not legally privileged, excluded or special procedure material
What are the conditions applying in relation to each set of premises specified in a section 8 PACE warrant - one of which must be satisfied?
Entry won’t be granted unless warrant produced
Purpose of search frustrated or seriously prejudiced unless immediate entry secured
Not practicable to communicate with any person entitled to grant entry
Practicable to communicate with a person entitled to grant entry but not with a person entitled to grant access to the evidence
What material can be seized following a section 8 PACE 1984 search?
Material that is of substantial value to the investigation of the indictable offence
What is legally privileged material? Section 10(1) PACE 1984
Communications between a professional legal adviser and their client or a person representing their client, in connection with giving legal advice or legal proceedings when in possession of a person entitled to possession of them
Will an item which is held by a legal adviser with the intention of furthering a criminal purpose be covered by legal privilege? Section 10(2) PACE 1984
No
What is included in the definition of excluded material? Section 11(1) PACE 1984
Personal records in business documents, human tissue/tissue fluid for diagnosis or medical treatment, or journalistic material held in confidence
What is the definition of journalistic material? Section 13 PACE 1984
Material acquired or created for the purposes of journalism
What is the definition of a personal record? Section 12 PACE 1984
Any documentary or other record concerning an individual who can be identified from them, relating to physical or mental health, spiritual counselling, or counselling
Can excluded material be searched for an seized?
Only upon a production order granted by a judge under schedule 1 PACE 1984
What is the definition of special procedure material?
Journalistic material other than excluded material
Which sections of PACE allow a constable to enter and search premises without a warrant?
17, 18 and 32
What does section 17 PACE 1984 allow a constable to do?
Enter and search premises without a warrant to arrest a person, recapture a person unlawfully at large, save life and limb, or protect property
What does section 18 PACE 1984 allow a constable to do?
Enter and search premises without a warrant after arrest for an indictable offence
What does section 32 PACE 1984 allow a constable to do?
Enter and search premises without a warrant where an arrest took place or where the person was immediately before their arrest
What arrest powers does a constable have under section 17 PACE 1984?
Executing a warrant of arrest or commitment
Specific offence arrests (long list)
Indictable offence
Child or young person remanded or committed to local authority or youth detention accommodation
Section 61 animal health act 1981 offence
In breach of bail
When can a constable exercise their section 17 PACE power to enter and search?
If they have reasonable grounds for believing that the person they are seeking is on the premises
Where can a constable search under section 17 PACE in a HMO?
Any common parts of the premises and where there are reasonable grounds to believe the person sought is located
When must the searching constable be in uniform?
Arrests under section 6-8 or 10 of criminal law act 1977, section 76 of criminal justice and public order act 1994, and section 144 legal aid, sentencing and punishment of offenders act 2012
When does a constable have grounds for a search under section 32 PACE 1984?
If they have reasonable grounds to believe the person may present a danger to themselves or others, they have concealed on them something they may use to escape, or evidence relating to an offence
Where can a Section 32 PACE search take place?
Anywhere outside a police station
What evidence can be searched for under the section 32 PACE person search power?
Any evidence relating to any offence
What can be removed in a section 32 PACE search in public?
Outer coat, jacket, and gloves
What can a constable seize following the search of a person under section 32 PACE?
Anything they find - other than legal privilege items - if they have reasonable grounds for believing they may use it to cause physical injury to themselves or others, assist them to escape, or it is evidence of an offence
Where can a constable search under section 32 PACE (premises)?
Any premises the person was in, at the time of arrest or immediately before being arrested, for an indictable offence
What is the mental element of the search of premises under section 32 PACE?
The constable has reasonable grounds to believe that there is evidence on the premises relating to the offence for which they were arrested
What evidence can be searched for under section 18 PACE 1984?
Evidence relating to the indictable offence the person was arrested for or some other indictable offence connected or similar to the offence the person was arrested for
What extent of search is permitted under section 32 PACE?
To the extent that is reasonably required to discover evidence relating to the offence for which the person was arrested
Does section 32 PACE include a specific power of seizure?
Only for a person search, not for a premises search
Who must authorise a section 18 PACE search?
An inspector
What is a section 18 PACE search?
Power to search after arrest for indictable offences
Which premises can a constable search under section 18 PACE?
Any premises occupied or controlled by a person under arrest for indictable offences if they have reasonable grounds for suspecting that there is on the premises evidence that relates to that indictable offence or some other indictable offence connected or similar to that offence
What can a constable do with evidence found under a section 18 PACE search?
Seize and retain
What must the constable know to carry out a section 18 PACE search?
The that premises to be searched is either occupied or controlled by the person arrested for the indictable offence
Does a short stay on premises count as occupation (section 18 PACE)?
Yes
What extent of search is permitted under section 18 PACE?
The extent that is reasonably required to discover the evidence searched for
When should an officer not record or disclose their identity during a search?
Enquiries linked to terrorism or if officers reasonably believe recording or disclosing their names might put them in danger
When can a section 18 PACE 1984 search be conducted before the arrested person has been taken to a police station or released on bail AND without obtaining written authority from an inspector or above?
When the arrested person’s presence at a place is necessary for the effective investigation of the offence
What obligation do officers conducting the search have to the occupier?
They must, as far as is possible, explain the reason for the search
Where does the inspector’s written record of the section 18 PACE search go if the person in occupation or control of the premises was, at the time of the search, in police detention?
On their custody record
What is TPIM?
Terrorism prevention and investigation measures act 2011
When can a constable enter or search a premises in the context of a TPIM?
When they have reasonable grounds for believing a person to be for the purpose of serving, extending, varying or reviving a TPIM notice
What is the power to search the premises at the time of serving a TPIM?
Where a TPIM notice is being served or has just been served, a constable may enter and search the place of residence or other premises the individual has power to grant access, to ascertain anything on the person or in the premises that contravenes measures specified in the TPIM notice
What are the purposes of seizure relating to a TPIM?
Establishing whether measures in the TPIM notice are being or about to be contravened, or securing compliance with the measures specified in the TPIM notice
What must a constable have reasonable grounds to suspect to seize items relating to a TPIM notice?
The thing is or contains evidence in relation to an offence, AND that it is necessary to seize it to prevent it being concealed, lost, damaged, altered or destroyed