Search with Consent Flashcards
If there is no available police power or warrant to carry out a legal search you may still be able to search the premises if you have the consent of the owner or occupier.
Such examples may be:
Premises being searched for a missing person. Instances, where officers have information about suspected stolen property being on-premises but the grounds for arrest or a warrant, are not sufficient.
PACE Code of Practice Code B sets out the procedure to be followed when a search by consent takes place. To summarise:
The consent must be given in writing by a person entitled to do so (owner, occupier etc.) on the Notice of Powers and Rights form.
The officer in charge of the search must inform the person giving consent:
- of their identity and the identity of those with them
- of why they want permission to enter, e.g. to search for a person or object
- that he or she is not obliged to consent, and can withdraw consent at any time
- whether he or she is a suspect
- that anything seized may be produced in evidence.
Certain situations will dictate that it would be a disproportionate inconvenience to gain consent for an owner / occupier and that their support for police action can be assumed.
In these cases you should perform your duties and inform the occupier / owner at the earliest opportunity.
For example, where you need to search a garden at 4 a.m in the morning for a weapon discarded by a suspect arrested for robbery.
