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Flashcards in Powers of Entry and Search Deck (114)
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1
Q

When can you search a premises?

A

Power of entry under s 17 (a) PACE to search a premise to execute an arrest warrant issued ‘in connection with or arising out of criminal proceedings’.

2
Q

There is a power of entry under s 17 (1) PACE to enter and search premises in order to arrest a person on warrant, or a person suspected of committing an offence (arrest without warrant).

Which legislation applies to

Prohibition of uniforms in connection with political objectives

A

s 1 of the Public Order Act 1936

3
Q

There is a power of entry under s 17 (1) PACE to enter and search premises in order to arrest a person on warrant, or a person suspected of committing an offence (arrest without warrant).

Which legislation applies to

Causing fear or provocation of violence

A

s 4 of the Public Order Act 1936

4
Q

There is a power of entry under s 17 (1) PACE to enter and search premises in order to arrest a person on warrant, or a person suspected of committing an offence (arrest without warrant).

Which legislation applies to

Failing to stop when driving a vehicle or cycle when requested

A

s 163 of the Road Traffic Act 1988

5
Q

There is a power of entry under s 17 (1) PACE to enter and search premises in order to arrest a person on warrant, or a person suspected of committing an offence (arrest without warrant).

Which legislation applies to

Driving or being in charge of a vehicle when unfit through drink or drugs

A

s 4 of the Road Traffic Act 1988

6
Q

There is a power of entry under s 17 (1) PACE to enter and search premises in order to arrest a person on warrant, or a person suspected of committing an offence (arrest without warrant).

Which legislation applies to

Being under the influence of drink or drugs when operating railways and trams etc

A

s 27 of the Transport and Works Act 1992

7
Q

There is a power of entry under s 17 (1) PACE to enter and search premises in order to arrest a person on warrant, or a person suspected of committing an offence (arrest without warrant).

Which legislation applies to

Using violence to secure entry

A

s 6 of the Criminal Law Act 1977

8
Q

There is a power of entry under s 17 (1) PACE to enter and search premises in order to arrest a person on warrant, or a person suspected of committing an offence (arrest without warrant).

Which legislation applies to

Trespassing on premises whilst an interim possession order is in place

A

s 76 of the Criminal Justice and Public Order Act 1994

9
Q

There is a power of entry under s 17 (1) PACE to enter and search premises in order to arrest a person on warrant, or a person suspected of committing an offence (arrest without warrant).

Which legislation applies to

Trespassing for a weapon of offence

A

s 8 of the Criminal Law Act 1977

10
Q

There is a power of entry under s 17 (1) PACE to enter and search premises in order to arrest a person on warrant, or a person suspected of committing an offence (arrest without warrant).

Which legislation applies to

‘Squatting’ on premises

A

s 7 of the Criminal Law Act 1977

11
Q

There is a power of entry under s 17 (1) PACE to enter and search premises in order to arrest a person on warrant, or a person suspected of committing an offence (arrest without warrant).

Which legislation applies to

Squatting in a residential building

A

s 144 of the Legal Aid, Sentencing and Punishment of Offender Act 2012

12
Q

There is a power of entry under s 17 (1) PACE to enter and search premises in order to arrest a person on warrant, or a person suspected of committing an offence (arrest without warrant).

Which legislation applies to

Causing harm or distress to animals

A

s 4, 5, 6, 7 and 8 of the Animal Welfare Act 2006.

13
Q

There is a power of entry under s 17 (1) PACE to enter and search premises in order to arrest a person on warrant, or a person suspected of committing an offence (arrest without warrant).

Which legislation applies to

Bringing animals into the UK (risk of rabies)

A

s 61 of the Animal Health Act 1981

14
Q

What legislation explains the factors that must be taken into account before entering a premises to arrest?

A

Section 17(2) of the PACE Act 1984, e.g whether there are reasonable grounds for believing that the person is on the premises- can the officer see him/ her through a window.

15
Q

What does the fact the power of search is limited to the extent that is reasonably required to achieve the objective (s 17(4)) mean?

A

If the objective was to arrest and find a certain person- can’t go looking around the house.

If a police offcer has made an unlawful entry, any evidence of criminality (such as the seizure of controlled drugs) may be excluded by the court under s 78 of the PACE Act 1984.

16
Q

Can you search in communal areas if searching a flat or bedsit?

A

Yes- areas such as hallways stairs and shared kitchens and bathrooms can also be searched. A neighbouring flat cannot be searched ‘just in case’ but any of the flats can be searched if there was reason to believe that the person was in that particular dwelling.

17
Q

For arrests that are not related to investigating an offence, other powers of entry are available under s 17(1) PACE. This could include…

A

The arrest of a person who has escaped after being arrested, escaped from involuntary custody at a psychiatric unit (in hot pursuit), or escaped from prison, remand centre, young offenders institution, or secure training centre.

18
Q

If the arrest took place in a location other than a police station, the suspect can be searched by a police officer if…

In public, a person cannot be required to remove any clothing other than…

A

there are reasonable grounds for believing that he/she may present a danger to any person, or is in possession of anything which could be used to escape from custody or which could be evidence relating to an offence.

An outer coat, jacket or gloves but his/her mouth may be searched.

19
Q

Searching premises after an arrest

After a person has been arrested for an indictable offence, can the premises he/she was immediately in be searched?

A

Yes (s 32(2) (b) of the PACE Act 1984.

Any other premises associated with the person can also be searched under s 18 of the PACE Act 1984, with authorisation.

20
Q

What must a constable have reasonable grounds of suspecting before he makes a search under PACE s1?

A
An offensive weapon
OR
An article made or adapted for use in connection with burglary, fraud or theft
OR
Any stolen items
21
Q

Stolen goods includes what?

If you sell an item on does that clear your name?

A

(s 34(2)(b) of the Theft Act 1968).
- Money and every other description of property, except land, and includes things severed from the land by stealing’ obtained through theft, blackmail or fraud.

(s 24(2) of the Theft Act 1968))
- No! Any gain or return from the disposal of the original stolen items such as money or other items which have been received in exchange is STILL stolen.

22
Q

Planning a search

ACPO (2006c) recommended using the which mnemonic when planning a search

A

IMMARCH

Information - why the search is needed, intelligence, local issues.

Intention- the aim or reason for the search, the target material

Method- how the search and management of it will be conducted

Administration- maps, plans, transport, equipment

Risk assessment- physical risks, safety of buildings, occupants

Communications- which channel to use, mobile and landline numbers

Human rights complaince

23
Q

After the search procedure

A

Remove all equipment.

Give owner search warrant copies.

Appropriate paperwork completed- record of search, intelligence reports, items found (description, who found it, where, whether exhibited or found), any damage caused or found.

24
Q

Define premises and state where there is from

A

s 23 PACE 1984 defines premises as any place and, in particular, includes:

  • any vehicles, vessels, aircraft, or hovercraft
  • any off-shore installation
  • any renewable energy installation
  • any tent or moveable structure
25
Q

What constitutes reasonable grounds?

A

Code A PACE 1984 two parts:

  1. A genuine suspicion in the mind of the officer that he/she will find the object for which the power of search is being used.
  2. The suspicion must be reasonable, formed on an objective basis from facts, information, and/or intelligence which help make it likely that the object will be found, and that a reasonable person would also draw the same conclusions.

Grounds must be a true representation of the situation and can be derived from many different factors such as the individual’s behaviour, the location, and the time of day.

26
Q

The legal framework

There are three main areas where officers are given the authority to carry out entry and searches into premises. These are:

A
  • Using police powers without a warrant.
  • On the authority of a warrant issued by a court.
  • With the consent of the owner.
27
Q

Which three legislations that govern entry and searches of premises need to be considered first before any search and entry?

A

Human Rights Act 1998
Code B PACE Act 1984
Codes of Practice.

28
Q

What does the Human Rights Act 1998 mention with regards to entering and searching a person’s home, place of work or any other premises?

A

How the state (which includes the Police) should consider an individual’s fundamental rights before doing anything that may infringe upon them.

29
Q

In the context of entering premises the main Human Rights article to be considered is:

A

Article 5: The right to respect for private and family life.

30
Q

When considering your actions that may impact on Article 5 you should think PLAN:

A

Article 5: The right to respect for private and family life.

Are your actions Proportionate to the desired outcome? - - Could you choose a less intrusive way of getting the same outcome?

Are your actions Legal? (i.e. covered by police powers or a warrant).

Are your actions Accountable and can they be justified to a senior officer or a court if necessary?

Are your actions Necessary – and are they done for the public good?

31
Q

Code B of the Codes of Practice sets out how officers are to carry out their duties when conducting entry and searches of premises, some examples include considerations that:

A
  • Searches made under warrant must be made within three calendar months of the date of the warrant’s issue (6.1),
  • Searches must be made at a reasonable hour of the day unless this might frustrate the purpose of the search (6.2),
  • Person in charge should be most senior (unless more expert junior on case)
  • If a search application is refused, a further application may not be made for those premises unless supported by additional grounds (3.8).
32
Q

What is a warrant?

A

A written authority issued by a magistrate or a judge (Justice of Peace) that directs the person or persons to whom it is addressed to carry out a specific action which is set out in the warrant.

There must be reasonable grounds that an indictable offence has been committed, and that the object of the search is likely to be of substantial value to the investigation.

33
Q

What are the two main types of warrant that you will deal with?

A

Arrest warrants and Search warrants.

34
Q

What are search warrants?

A

Search warrants allow officers to enter and search premises for evidence.

35
Q

What gives police the power to enter and search premises for evidence if someone has been arrested for an indictable offence?

A

Section 18 PACE and Section 32 PACE

36
Q

When are police powers relating to searching premises for evidence effective?

A

All police powers relating to searching premises for evidence are only effective after arrest.

37
Q

A magistrate can only issue a search warrant to a police officer if there is a legal basis to do so. There are many different statutes available from which the police may apply to a court for a search warrant. The most often used ones by neighbourhood officers are:

A
  • Section 8 of PACE 1984 – search premises for evidence of an indictable offence
  • Section 26 Theft Act 1968 – search premises for stolen goods
  • Section 23 (3) Misuse of Drugs Act 1971 – search premises for controlled drugs and evidence of drug offences
  • Section 5 (2) - Dangerous Dogs Act 1991 – search premises for a dangerous dog
38
Q

In order to carry out a warrant, at least one of the following must apply:

A

There must be reasonable grounds that an indictable offence has been committed, and that the object of the search is likely to be of substantial value to the investigation. In addition to…

  • It is not practicable to communicate with a person with is entitled to grant entry to the premises or to evidence.
  • Entry to the premises will not be granted without warrant; and/ or
  • The purposes of a search may be frustrated or seriously prejudiced unless a constable arriving at the premises can secure immediate entry.
39
Q

What are two main categories of search warrant?

A
  1. A specific premises warrant- applies for just one premises
  2. All premises warrant- applies to any premises occupied or controlled by the person specified in the application .

Can both be entered and searched on more than one occasion under the same application.

40
Q

Outlines the stages and main considerations in obtaining a warrant:

A
  1. Gather information and intelligence
  2. Complete the warrant application and information
  3. Submit application to Inspector for their written authority (most senior will suffice).
  4. Attend court
  5. Make applications to the magistrate
    - Magistrates read application and information and may ask questions. This takes place in closed court or chambers.
41
Q

Requirements of Section 15 PACE when applying for a warrant

A

S 15 is how to obtain a warrant from a Magistrate & what must be include in the application.

This is:

  • the name of the person applying for the warrant,
  • the date on which it was issued,
  • which piece of legislation it was made under,
  • the premises to be searched,
  • the articles sought so far as is practicable.
42
Q

What does Section 8 PACE allow for?

A

Allows for applications to search ‘all premises’ occupied or controlled by an individual, and / or for multiple entries into the same premises.

In these instances, the information and the warrant need to state the name of the person in occupation or control of the premises, together with as much information as possible to identify the premises.

43
Q

The relevant authority on when warrants should be executed is…(timeframe)

A

Section 16 PACE.

The search warrant must be executed (carried out) within the time frame stated on the warrant and, in any case, within 3 months of the date of its issue at court.

44
Q

If the occupier is present at the time the premises are entered and searched, what must happen?

If no one is present?

A

The constable must identify themselves, if not in uniform by producing documentary evidence, must produce the warrant and supply the occupier with a copy.

If no-one is present, then a copy of the warrant must be left in a prominent place on the premises.

45
Q

What happens when the search warrant is executed or expired (whichever is sooner)?

A

The warrant must be suitably endorsed and returned to the issuing court. The court will keep the warrant for 12 months. If during that 12 months period the occupier of the premises to which the warrant relates asks to inspect the warrant, he/she shall be allowed to do so.

46
Q

PACE Code of Practice Code B sets out the procedure to be followed when a search by consent takes place. To summarise:

A

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.
47
Q

PACE Code of Practice Code B

Any consent must be…

A

True consent and freely given.

Must fully understand what they are consenting to.

For flats or private rooms within houses the consent of the actual tenant of the flat / room is to be obtained.

If it is not possible to obtain this consent, then the consent of the landlord may suffice.

48
Q

There are a number of powers that allow officers to search without a warrant. Covered in this section are:

A

Section 17 PACE – enter and search for people (either to arrest, recapture or save)
Section 18 PACE – enter and search for evidence after arrest (occupied or controlled)
Section 19 PACE – power to seize items from premises
Section 22 PACE – power to retain items seized
*Section 32 PACE – enter and search for evidence upon arrest (place of arrest)
UK Borders Act 2007 – power to seize and retain ID documents
Proceeds of Crime Act 2002 – Power to seize and retain cash or other proceeds of crime

49
Q

One consideration that should always be in your mind when searching premises for any reason is identifying cash or anything else that could be the proceeds of crime. This is particularly relevant when searching premises occupied or controlled by or being used by those people involved in supplying drugs.

The Proceeds of Crime Act 2002 is the principle money laundering legislation in the UK and gives officers various powers in this area…

A

Section 289 says that if officers are lawfully engaged in searching premises and there are grounds for suspecting there is cash on the premises which has been obtained through unlawful conduct or intended by any person to be used in unlawful conduct, then the officers may search for that cash.

Section 294 gives officers the power to seize this cash so long as it is not less than the minimum amount stipulated by the Secretary of State. This amount is currently £1,000.

50
Q

Section 17 PACE Searches can be for what things?

A

To arrest

To recapture

To save life

To protect property

51
Q

Section 17 PACE Searches

Enter and Search Premises to Arrest, Recapture, Save Life, Protect Property

Arrest

A

anyone wanted on warrant issued by a court

anyone who has committed an indictable offence.

a young person or child who has been remanded to local authority accommodation or youth detention accommodation

a person who has escaped from a prison, remand centre, young offenders institute, or secure training centre.

52
Q

Section 17 PACE Searches

Enter and Search Premises to Arrest, Recapture, Save Life, Protect Property

Recapture

A

anyone who has escaped from you or a colleague (ie after being arrested) and whom you are in immediate pursuit of.

It is important to understand here that you must be in immediate ‘hot’ pursuit to use this power. This can be for any offence including anything not contained in the arrest section above. The person MUST however have been arrested and then run away from you.

53
Q

Section 17 PACE Searches

Enter and Search Premises to Arrest, Recapture, Save Life, Protect Property

Save Life

A

This needs to be situations where the person is at risk of serious injury or in need of immediate care. It is usually used when someone needs immediate help and is either refusing it or is incapacitated and unable to allow you entry.

54
Q

Section 17 PACE Searches

Enter and Search Premises to Arrest, Recapture, Save Life, Protect Property

Protect Property

A

As with saving life this needs to be instances of serious damage such as a major water leak or fire.

55
Q

Section 17 PACE Searches

In order to exercise this power of entry under any of the circumstances, you must have…

A

Reasonable grounds to believe that the person whom you will arrest or recapture is on the premises that you want to enter (Sec 17.2).

However, when entering to save life or prevent serious damage to property you actually only need reasonable grounds to suspect that the someone is on the premises or that property will be damaged.

This is a good example of when legislators made a distinction between ‘suspect’ and ‘believe’ when deciding on ‘reasonable grounds’. It makes perfect sense that when someone’s life is at stake, officers need the lower level of certainty before using their power or entry, whereas arresting or recapturing someone requires a higher level of certainty that the person is actually on premises.

56
Q

Section 17 PACE Searches

Extent of Search

A

When using this power, you may only enter and search to the extent that it is necessary to find the person to be arrested or recaptured. In addition, if the building has separate dwellings, e.g. a block of flats or a house which has private rented rooms, you may only enter the flat or room where you believe the person you are seeking may be, and any communal parts.

57
Q

Section 17 PACE example scenario:

Scenario 1: You receive a briefing that a well-known burglar is wanted for failing to appear at court. The court have issued an arrest warrant. You are tasked with attending his home address to carry out an arrest enquiry. During the briefing a colleague tells you that when the male was last arrested he was found hiding underneath his bed at the address. On arrival at the address some officers cover the rear access and you go to the front door. You knock loudly on the door for several minutes and shout through the letter box. There is no reply. You cannot hear or see any signs of anyone inside. One of your colleagues speaks with a neighbour who says they haven’t seen the occupant for a few days.

A

Answer 1: Without further information that the male is in his address NOW then you cannot use Sec 17 to enter and search for him as you do not have reasonable grounds to believe that he is inside. If you had seen or heard any ‘signs of life’ ( eg people talking / whispering, doors closing, curtains moving, TV / radio on) then you may decide that you believe that someone is inside the premises NOW and that they won’t open the door. With this added information you would be justified in using Sec 17 PACE to enter and search for the male in order to arrest them under the authority of the court warrant. Note that the court warrant gives you the power of arrest, but the power to enter comes from Sec 17.

58
Q

Section 17 PACE example scenario:

Scenario 2: You are on patrol in a vehicle when you suddenly see a young male aged about 15 running across the road in front of you and into a nearby housing estate. You then see a male chasing him. The male sees the police car, points at the 15-year-old and shouts “He’s robbed my phone”. You exit from your car and begin running after the young male. You see him go into a ground floor flat on the estate. You get to the door and bang it on shouting for it to be opened. There is no response, but you can hear a female and young male arguing inside the address.

A

Answer 2: It is reasonable in these circumstances to suspect that an indictable offence has been committed ie theft, robbery (powers of arrest only require grounds to suspect). It is also reasonable to believe that the person who committed that offence is inside a premises now. This belief comes from the fact that you saw him enter. In these circumstances you would be able to use Sec 17 PACE to enter and search the premises in order to arrest the male for an indictable offence. Once you had done this then you would be able to confirm what had actually happened and decide on your course of action.

59
Q

Section 17 PACE example scenario:

Scenario 3: You receive a call from a concerned resident that their elderly neighbour hasn’t been seen for two days. The resident reports that they always pop in and see their neighbour at the same time each day but today there has been no reply at the neighbours’ door and they do not have a key or details of any relatives nearby. The resident also reports that the elderly neighbour is immobile and unable to leave the house unaided. You attend the address and can get no reply to your repeated knocking and there no ‘signs of life’ inside.

A

This one needs a bit of consideration. Do we have enough information that the person we are wanting to save is on the premises now? We have information that they can’t go out unaided, but they may have been picked up by a friend or relative and taken out for the day and which the neighbour knew nothing of. Information that may give you additional grounds that someone is on premises now and needed help might include:

  • moans, shouts, screams for help,
  • calls to emergency services from someone inside the premises,
  • visible signs through the window or letter box of someone in distress,
  • more certainty from the neighbour that the elderly resident hasn’t left the house since they last saw them.
60
Q

Section 17 PACE Searches

A few examples of the many different reasons you will enter to save life and limb or prevent serious damage to property are:

A
  • young children left home alone,
  • information from the Samaritans or other charity that a person has called them threatening suicide,
  • reports of a violent domestic incident taking place,
  • high risk missing persons incidents,
  • evacuating people in a block of flats that is on fire,
  • a major water leak from a top floor flat causing serious damage to the properties below.
61
Q

Searching other premises after a person has been arrested

A

May be necessary to carry out searches at other location e.g home or work address.

This type of search is carried out under s 18 of the PACE Act 1984.

Authority from inspector is required.

Details of the grounds and the evidence sought should be recorded on the notice, the custody record and the search record, and in the officers PNB.

62
Q

Searching the premises when a person has been arrested

A

A search under s 32 of the PACE Act 1984 is conducted following the arrest of an individual for an indictable offence.

It allows an officer to search the premises where the person was located when arrested and/ or immediately after the arrest (should have direct connection with individual).

They can also be searched under s 32.

63
Q

S 18 of the PACE Act 1984.

Useful why?

A

May be evidence relation to offence hidden elsewhere.

Allows intelligence to be gathered and discover further crimes.

64
Q

S 18 of the PACE Act 1984.

There must be reasonable grounds for suspecting that:

A
  • The person has access to and used the location; and
  • There is evidence on the premises that relates to either the offence in question, a similar offence, or to some other related indictable offence.
65
Q

S 18 of the PACE Act 1984

Anything found during a search can be

A

… seized (s 18(1)), and retained (s 18(2)) for long as necessary (s 22 of the PACE Act 1984).

66
Q

S 18 of the PACE Act 1984 states…

A

a police officer may enter and search any premises occupied or controlled by a person under arrest for an indictable offence.

67
Q

What is needed for an S 18 search to be carried out of the PACE Act 1984?

A

The written authority of an inspector or above is needed before a search can be carried out and is normally obtained after the arrested person has arrived at the police station and enquiries have been made as to where they live or into other premises they occupy or control where evidence may be being stored.

The inspector will complete a written authorisation which the officers take to the address to be searched with them.

On some occasions the person who has been arrested will be taken to the premises being searched as well to witness the search taking place and answer any immediate questions regarding items found.

68
Q

What part of Sec 18 PACE allows for occasions when it is more appropriate for the ‘effective investigation of the offence’ to conduct the search of their home or other premises before the person arrives at the police station.?

A

Sec 18(5) allows for the entry and search to take place without the Inspector’s authority.

If this happens then an inspector or above must be informed that the search has taken place as soon as practicable after the search has been conducted.

Used where officers feel it necessary to secure evidence that may otherwise be lost before such authorisation is obtained (e.g. a friend or family member has learned of the arrest and may discard evidence) OR where carrying out the search before taking the arrested person to the police station is more effective (e.g. where a suspect has been arrested and is on way to a police station several miles away and his home address is nearby).

69
Q

S 18 of the PACE Act 1984

Extent of search:

A

The search is restricted to that which is reasonably required to discover whatever is being sought. So, it would not be reasonable to look inside a small cupboard or drawer when searching for a stolen push bike. If, however you are searching for drugs or cash then a thorough systematic search of the whole premises is reasonable.

Seizure: You may seize and retain anything you were authorised to search for under this section.

70
Q

Section 18 Scenario Examples

Scenario 1: Jim commits a robbery. Police view the CCTV 3 hours later and immediately recognise Jim. They go to his home address to arrest him and are let in by his mum. Jim is not at home. Can the officers search the house for evidence of the robbery under Sec 18 PACE?

A

Answer 1: NO, because Jim is not under arrest for the robbery or a similar indictable offence. Once he has been arrested for the offence then Sec 18 can be considered.

71
Q

Section 18 Scenario Examples

Scenario 2: Bill is a drug dealer and is arrested for supplying class A drugs on the High Street. He is taken to the police station and booked in. The officers conduct checks on Bill and ascertain intelligence that he sometimes stores his drugs at a friend’s house, and that he stores the cash, stolen property and other proceeds of his drug dealing at his own house. The officers speak with the inspector and request authority to search Bills address and the friends address. Can the inspector grant authority to the officers to use Sec 18 to search Bills house and his friends house?

A

Answer 2: YES and NO. Sec 18 cannot be used to search the friends address as Bill does not OCCUPY or CONTROL these premises. Bills home address can be searched under Sec 18 for evidence of drug dealing of similar offences as:

  • he is under arrest for an INDICTABLE offence. (supplying drugs),
  • he OCCUPIES the premises (i.e. he lives there),
  • there are REASONABLE GROUNDS TO SUSPECT (due to the circumstances surrounding his arrest and the additional available intelligence) that there is evidence of drug dealing at the address e.g. other drugs, money, scales, bags, electronic devices with messages / customers / sales.

Sec 18 cannot be used to search for stolen property as this is not the offence Bill is under arrest for or a similar offence.

72
Q

Section 18 Scenario Examples

Scenario 3: Sally is arrested for fraud after being detained at a bank with a cloned credit card. Sally is in possession of ID that gives her home address. The officers conduct intelligence checks via their radio and confirm this address. The officers suspect there will be other cloned cards and cloning equipment at her home address and suspect that her boyfriend may try and get rid of the evidence if he finds out she has been arrested. The police station is 12 miles away and officers know her home address is less than 2 miles away from the bank. Should the officers take Sally directly to the police station and obtain written authority from an inspector to search her house or should they take her straight to her home address and do the search without the authority?

A

Answer 3: Both options would be correct. Taking the arrested person to the police station and obtaining written authority prior to the search is never wrong, but on this occasion it would be reasonable and more appropriate to take Sally straight to her home address and search it before taking her to the police station. This would be to prevent evidence being discarded by her boyfriend and to negate the need to travel all the way back to her home address after she has been booked in.

73
Q

Section 32 Pace 1984 Searches states …

A

Search upon arrest – Section 32 PACE

Section 32 PACE applies where the person has been arrested at a place other than a police station (which includes public areas such as the front desk). It does not require specific authority from an inspector or above. It confers powers to search both person and premises.

74
Q

Search upon arrest – Section 32 PACE

In order to carry out such a search, you will need to comply with the terms of Section 32 of PACE. Be sure you know them thoroughly. They are as follows:

A

A constable may search a person who has been arrested at a place other than a police station if the constable has reasonable grounds for believing the arrested person may:

  • present a danger to themselves or others
  • have concealed on them anything which they might use to assist themselves to escape from lawful custody
  • have concealed on them anything which might be evidence relating to an offence.

The following mnemonic may help - DIE
Danger
Implement to escape
Evidence of any offence

75
Q

Search upon arrest – Section 32 PACE

So, in the context of searching premises under Sec 32 PACE, the following must thus apply:

A
  • the person must be under arrest
  • for an indictable offence
  • they must have been arrested on the premises, or been on the premises immediately prior to arrest
  • the evidence sought must be evidence of the offence they have been arrested for (reasonable grounds to believe)
76
Q

UK Borders Act 2007 gives police officers and immigration officers the power to…

A

To enter and search premises after arrest to search for documents that establish an individual’s nationality.

This is a particularly useful power and enables officers to identify non-British citizens following their arrest, to assist the criminal justice process and increase the ability for them to be deported from the UK if appropriate.

77
Q

UK Borders Act 2007

Powers to Enter, Search and Seize Documents to Establish Nationality

Section 44

A

Where an individual has been arrested on suspicion of an offence and a constable suspects that the individual may not be a British citizen, and that nationality documents relating to the individual may be found on:

(i) premises occupied or controlled by the individual,
(ii) premises on which the individual was arrested, or
(iii) premises on which the individual was, immediately before being arrested.

This power must have the written authority of an Inspector before it can be exercised.

78
Q

UK Borders Act 2007

Powers to Enter, Search and Seize Documents to Establish Nationality

Section 44 – search for ID documents without warrant

What is a ‘nationality document’?

A

A ‘nationality document’ means a document showing:

(a) the individual’s identity, nationality or citizenship,
(b) the place from which the individual travelled to the United Kingdom, or
(c) a place to which the individual is proposing to go from the United Kingdom.

79
Q

UK Borders Act 2007

Powers to Enter, Search and Seize Documents to Establish Nationality

Section 45

A

Search for ID documents with warrant

Sec 45 covers occasions when police officers or immigration officers can apply to a magistrate for a search warrant to search premises for ID documents. The circumstances need to be the same as those outlined in Sec 44 BUT where the documents are suspected to be in premises other than those listed in Sec 44.

80
Q

UK Borders Act 2007

Powers to Enter, Search and Seize Documents to Establish Nationality

Section 46

A

Seizure and retention

A police officer and immigration officer searching premises under Sec 44 or 45 may seize any document which they think is a nationality document in relation to the person under arrest and retain it while they suspect that the individual may be liable to removal from the UK and retention of the document may facilitate their removal. Material subject to legal privilege is exempt and cannot be seized.

81
Q

Section XX of PACE 1984 covers your powers of SEIZURE. It says:

A

Section 19 of PACE 1984 covers your powers of SEIZURE. It says:

If lawfully on any premises, a constable may seize anything which is on the premises if he has reasonable grounds for believing that:

  • It has been obtained in consequence of the commission of an offence or it is evidence to an offence, and
  • it is necessary to seize it in order to prevent it being concealed, lost, damaged, altered or destroyed.

An easy way to remember this is CLAD

C oncealed
L ost
A ltered
D amaged or destroyed

82
Q

Under Section 19 of PACE 1984 you are not allowed to seize what?

A

Items subject to legal privilege such as communications between a professional legal advisor and their client.

83
Q

Section XX of PACE 1984 covers your powers of RETENTION. It says:

A

Section 22 of PACE 1984 covers your powers of RETENTION. It says:

The possible reasons for retaining items seized are that the property is needed:

  • for use as evidence in a trial (unless a photograph or copy would suffice)
  • for forensic examination
  • for further investigation
  • to establish the lawful owner

Once the above reasons for retention are no longer valid then the seized property must be returned to its lawful owner.

84
Q

The occasions when force may be necessary are:

A

The premises are unoccupied.

The owner or occupier is known to be absent and it is not possible to contact them to grant access.

The occupier, or other person entitled to grant access, refuses to do so.

The element of surprise is necessary to reduce the risk of injury to someone (including police) who may be put in danger if you alert the occupants.

Evidence may be lost or the operation frustrated in some other way if entry is delayed or the occupants are alerted.

There is known intelligence that the premises, or persons likely to be on the premises, will present a risk to officers.

85
Q

What are the main sources that provide officers with powers to use reasonable force if necessary?

A
  1. Sec 117 Police and Criminal Evidence Act 1984 says:

Where any provision of this Act:

(a) confers a power on a constable; and
(b) does not provide that the power may only be exercised with the consent of some person, other than a police officer,
….the officer may use reasonable force, if necessary, in the exercise of the power.

  1. Section 3 of the Criminal Law Act 1967 says:

“A person may use such force as is reasonable in the circumstances in the prevention of crime or in effecting or assisting in the lawful arrest of offenders or suspected offenders or of persons unlawfully at large”.

86
Q

What is stop and search?

A

Stop and search is a term given to the 19 or more powers to detain people for the purpose of stop and search.

To ‘enable officers to allay or confirm suspicions about individuals without exercising their power of arrest’ (Code A, para 1.4).

87
Q

Section 1 of PACE 1984 is perhaps the most commonly used for searches. Under this officers can search for what?

A

S tolen articles
O ffensive weapons
A rticles made or adapted for use in the course of or in connection Theft, Burglary, TDA, Fraud, Criminal Damage, possession of certain fireworks.
P ointed or bladed articles

88
Q

Where can you conduct a stop and search?

A

Public Place

Any highway and any other premises or place to which at the material time the public have or are permitted to have access, whether on payment or otherwise (s 1(1)(a) of the PACE Act 1984).

89
Q

Where can’t you conduct a stop and search?

A

Anywhere that is a private place or dwelling.

Private Place - A place where the general public does not have ready access. For example, a private residence or a private office block, a dwelling.

90
Q

The College of Policing (2015) have produced a definition of a fair and effective stop and search. This states that a search is fair and effective when:

A
  • the search is justified and the lawful use of the power stands up to public scrutiny.
  • the officer has a genuine and objective reasonable suspicion that stolen or prohibited articles will be found in the persons possession.
  • the person understands why they are being searched and feels that the search has been conducted with respect.
  • the search is necessary and every step is taken to create the least intrusive method a police officer could use to establish whether a member of the public has a prohibited article or an item for use in crime with them.
91
Q

How do you build reasonable grounds for suspicion?

Known criminal

A

Not to be used as a ground for search. PACE Code A does not allow the fact that someone has criminal conviction as a reason for searching that person.

92
Q

How do you build reasonable grounds for suspicion?

Known drug user

A

Not to be used as a ground for search as it is not specific and if correct, may relate to a criminal conviction.

93
Q

How do you build reasonable grounds for suspicion?

Smells of drugs

A

Insufficient in iteself and needs to be expanded with the circumstances/ conversation with the individual/ their appearance, actions, behaviour etc.

94
Q

How do you build reasonable grounds for suspicion?

High Crime Area

A

Must have a reference to a specific briefing or task location.

95
Q

How do you build reasonable grounds for suspicion?

Crime or drugs hotspot

A

Must have a reference to a specific briefing or task, log etc.

96
Q

How do you build reasonable grounds for suspicion?

Evasive to questions

A

Include reference to what the questions were about e.g evasive to where the had come from

97
Q

How do you build reasonable grounds for suspicion?

Appeared nervous

A

Needs to be expanded to include specific actions or behvaours e.g sweating, muscles tensed, pacing, refuses to cooperate, repeats question before answering etc.

98
Q

How do you build reasonable grounds for suspicion?

Acting as a lookout

A

Needs further explanation. Describe what you saw them doing e.g observed for 3 minutes at the rear of a closed premises; crouching behind a wall; peering over; looking left.

99
Q

How do you build reasonable grounds for suspicion?

Avoids Police

A

Describe what they did e.g change direction or ran away.

100
Q

How do you build reasonable grounds for suspicion?

Discarded items when approached by Police

A

Describe the item seen to be discarded and or/ what you believed it to be.

101
Q

How do you build reasonable grounds for suspicion?

Concealed an article on seeing Police

A

Describe the item, and or what you believed it to be. Describe how and where it was concealed.

102
Q

Carrying out the pre-search procedure

Before searching a person or vehicle reasonable steps must be taken to provide certain information to an individual whether that be a person being searched or the owner of a vehicle or a person in charge of a vehicle that is required to be searched.

These requirements are detailed where?

A

S.2 PACE 1984, para 3.8 of the codes of practice.

G rounds of the suspicions for the search
O bject/purpose of the search
W arrant card (if the officer is in plain clothes or if requested by the person)
I dentity of the officer performing the search
S tation to which the officer is attached
E ntitlement of a copy to search record
L egal powers used
Y ou are being detained for the purpose of a search

If these are not followed in full this could impact on any evidence that is obtained and challenged in court.

103
Q

When in public the only clothing a police officer can require a person to remove is:

A

J acket
O uter coat
G Loves

Remember JOG!

Before searching anyone, officers must be aware of the danger to themselves and others.

104
Q

Exercise A

It is early July and PC RATUE is on early turn mobile patrol on Beat B. An intelligence briefing has informed him that motor vehicle crime is a persistent problem in this area and it is a tasking area. DAVID SMITH lives on Beat B and he has several convictions for vehicle related offences. Intelligence suggests he is back using heroin.

PC RATUE sees SMITH walking across a car park on this beat. He is wearing a heavy coat and has his hands in his pockets.

What should PC RATUE do?

  • Stop and Search
  • Observe from a distance
  • Talk with SMITH
  • Submit an intelligence report
A

There is no definitive answer - discuss the options in more detail. Options 2 or 3 might provide for reasonable grounds to develop.

PACE encourages targeting searches at areas where crime problems exist.

It is good that PC RATUE is in the area (officers should focus activity on crime hotspot areas) and the sighting of DAVID SMITH is significant.
PACE prohibits the use of previous convictions, even as forming part of the grounds to search.

DAVID SMITH lives in this area and so may have a legitimate reason for being there.
Guidance on reasonable grounds to suspect indicates that in circumstances such as this something extra is needed (e.g. suspicious behaviour looking in car windows, looking around as if to check he is not being watched, a recent report of a vehicle crime, etc.)
Is the heavy coat out of place for the time of year? This is relevant - would a reasonable person form the view that the coat is worn only as a means of concealing tools for going equipped and for concealing stolen property? If so, then you can consider a search.

105
Q

Exercise B

As PC RATUE approaches SMITH he observes him looking into 3 different car windows.

Does PC RATUE now have a power to search? Yes/No

A

Correct answer is Yes. For going equipped or stolen items.

Seek an explanation before considering a search

106
Q

Exercise C

Which of the following (amongst other things) does PC RATUE need to communicate before beginning the search?

A. Grounds for the search
B. Identity of the Officer
C. That he must provide copy of search record
D. Station to which attached
E. Legal power being used
F. Which Human Rights article will be engaged

A

A, B, D, and E.

C - is not correct as the person stopped is only entitled to be told they have a right to a copy, this does not need to be issued at the time of the stop - although this is good practice.

It is important that a conversation is had with a person in order to confirm or allay suspicions.

107
Q

After conducting any search of a person, what must an officer do?

A

Make a record of the search as set out in Code A of the PACE Codes of Practice

108
Q

What new criminal acts are being considered introduced to stop and search powers?

A

Misuse of drones

Misuse of laser pointers

Corrosive substances as weapons (The Offensive Weapons Bill was introduced in 2017).

109
Q

What is the latest stop and search scheme to tackle the scrutiny officer had over a lack of understanding for effective use?

A

The Best Use of Stop and Search Scheme (BUSSS), introduced in 2014.

Intelligence-led approach and aims to achieve greater transparency and community involvement (Home Office, 2014)

Inspections check for compliance, risk of suspension.

110
Q

Can refusing to answer questions be used to provide reasonable grounds for suspicion?

A

No- nor can ground be established retrospectively through questioning (Code A, para 2.11).

111
Q

The requirements for reasonable grounds are different for certain categories of people (e.g gangs or protests groups). How so?

A

A police officer may have reasonable grounds to stop and search a person who is believed to be a member of a ‘gang’ or protest group if there is reliable and relevant information or intelligence to that effect (Pace Code A, para 2.6 and Note 9A).

112
Q

Give an example of what you would say if you saw a car smelling of cannabis driving eratically, to then pull it over and see grinder and guy looking high.

A

“I am DC BUSBY from CRAWLEY police station and….

you are DETAINED for the purposes of a search…

I am going to search you under SECTION 23 of the Misuse of Drugs Act…

Here is my WARRANT CARD…

I am searching you for DRUGS…

as I have SEEN you driving erratically and at speed, and when speaking you…

APPEAR anxious, your pupils are dilated and you look dazed….

I also SEE drug paraphernalia in your vehicle….

You are entitled to a COPY of this search.”

113
Q

Recording the search

The following information will all be needed for the record:

A
  • The date, time and location of the search
  • The officer’s name and any other officers present
  • The name, age, self defined ethnicity and address of the person who has been searched
  • The grounds or authorisation for the search
  • Vehicles reg, make and model
  • Any objects found
114
Q

Giving copies of search

A

Should provide on spot if possible, request can be made within 3 months (Code A, para 3.8(e)).

Vehicle - left preferably inside or if unattended attached outside (Code A, para 4.8, and s 2(7) PACE).