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N.I.E. v2 > Week 3 - PACE Code B - Entry Search And Seizure > Flashcards

Week 3 - PACE Code B - Entry Search And Seizure Flashcards

1
Q

What is the only common law power of entry without warrant for?

A

Breach of the peace

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2
Q

PACE code B - deals with police powers to do what?

And may be used to find what 3 things…

A

Search premises

Seize and retain property found on premises and persons

Main powers to search without a warrant include powers to search premises:-
To make an arrest
After an arrest

May be used to find:

  • property and material relating to a crime
  • wanted persons
  • children who abscond from local authority accomm where they have been remanded or committed by court
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3
Q

Key human rights principle in relation to this

A

Right to privacy and respect for personal property

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4
Q

When should force be used in search/entry?

A

Only when considered necessary and proportionate to the circumstances ….

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5
Q

A person who has not bern arrested but is searched during course of a premises sear2cg, should be searched umder pace code A.

A

.

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6
Q

Written records of searches not made in a search record shall be made where?

A

Officers PNB

Or forms issued for this purpose

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7
Q

If searching linked to investigation of terrrorism or where officers reasonably believe disclosing their names may put them in danger…

ID??

A

Doesnt require the identity of the officers or anyone accompanying them during a search

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8
Q

The officer in charge of the search would normally be the most senior ranking officer present…

What are the exceptions to this?

A

Supervising officer who attends /assists may appoint a lower ranking officer in charge of the search if that officer is more conversant with th3 facts or a more appropriate person to be in charge of the search

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9
Q

Who may direct a deignated investigating officer not to wear a uniform for the purposes of a specific operation?

A

Inspector or above

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10
Q

S15 PACE 1984 - application for a warrant

What must be stated in the application ..

A
  • The grounds for the search
  • The act under which the warrant would be issued
  • If the application is for more than one entry - the grounds for this and whether a maximum or unlimited number of entries are desired
    ‘To identify (so far as practicable) the items / persons sought

If the application relates to one or more sets of premises specified then each set of premises are to be specified along with the name of the person who is in occupation/control of the premises desired to be entered

Why it is necessary to search more premises than those specified

Why not reasonably practicable to specify all premises (if relevant)

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11
Q

S16 PACE 1984 - execution of a warrant

How long got to exercise the warrant?

A

3months from date of issue

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12
Q

An all premises warrant…
A multiple entry warrnat

Rules..

A

No premises not specified on warrant may be entered /searched without written authority of inspector or above

No premises may be entered/searched for a second/subsequent time unless at least inspe2cotr has given written authority

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13
Q

General rules for executing warrant

A

Must be done at a rasonable hour unless it appears that may frustrate the purpose of the search

Where the occupier is present, a constable shall identify themselves to the occupier (if not in uniform present ID), present the warrant and supply them with a copy of it.

A warrant only allows search to extent required for the purpise it was issued

Officer will endorse the warrant stating what articles were found.

Once executed a warrant shall be returned to the justice of peace/ officer of the court where it was issued.

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14
Q

S15 and s16 PACE apply to all search warrants issued to/executed by constables under any enactment, eg..

A

Theft act 1968
Misuse of drugs 1971
Pace S8 - Evidence of indictable offence
Terrorism 2000

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15
Q

Search warrant …

Examples of other powers referred to…

A

Road traffic act - to obtain specimen of breath/ arrest someone following positive breath test/failure to provide

Criminal justice act 1988 - Entry to schools to look for offensive weapons

Terrorism act 2000

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16
Q

S8 PACE- search warrants for indictable offences

2 types…

A

Can be a specific premises warrant (for search of one set.of premises)

Or an all premises warrant (where necessary to search all premises occupied / controlled by an individual but not practicable to specify all such premises at time of applying for warrant.

Both warrants can authorise multiple entry if authorised… either unlimited entries or limited to a maximum

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17
Q

Officer applying for a s8 warrant must believe what…

A

That they have reasonable grounds for believing that material which is likely to be of substantial value to the investigation of the offence is on the premises specified

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18
Q

Material solely for the value of intelligence purposes may not be seized under a s8 warrant

A

.

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19
Q

Legally privileged material
excluded material
Special procedure material

A

Legally privileged material - cannot be searched for or seized (i.e communications between a legal adviser and client)

excluded material - can generally only be gained by applying to judge for production order (i.e medical records, personal records, human tissue or fluid taken for the purpose of medical treatment or diagnosis, journalistic material)

Special procedure material - S14 pace states that any legal privilege or excluded material can be gained by applying for a search warrant or production order

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20
Q

When providing information to justify warrant, the officer must take resonable steps to check the information is…

A

Accurate, Recent and not provided maliciously or irresponsibly

An application may not be made on the basis of anonymous information if corroboration has not been sought

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21
Q

Pre application the officer must make reasonable enquiries to establish if…

A
  • Anything is known about the likely occupier of the premises
  • the nature of the premsises themselves
  • if the premieses have been searched previously and how recently
  • any other relevant information
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22
Q

Application for warrant ir production order to justice of the peace must be signed by who?

A

Inspector or above

Note: If the case is urgent and an inspector is not available then the next most senior officer on duty can give the written authority

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23
Q

If reason to believe a search may have adverse affect on community, when should OIC inform local police/community officer?

A

Before the search or as reasonably practicable afterwards

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24
Q

If application under PACE s8 then more than one set.of presmises can be specified to be searched.

A

Must specify as many sets of.premises on the warrant as reasonably practicable

If cant specify them all then must say why it isn’t reasonably practicable to do so

Must specify why necessary to search more than 1 premises

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25
Q

Wether asking for search warrant under PACE s8 requiring more than one entry… Must state whether desire the number of entries to be umlimited or a specified maximum

A

.

26
Q

The identity of an informant need not be disclosed when making a warrant application but the officer should be prepared to answer q’s about the accuracy of previous information from that source and any other related matters

A

.

27
Q 
fromubder s16 (2) of the pace 1984 act a search  warrant may authorise persons other rhab police officers to accomoany the constable who executes the warrant, 
Eg any suitably skilled or qualified person / expert whose presence is needed to help accurately identify the material sought or advise where certain evidence is likely to be found/how it should be dealt with.

It also gives them the right to do what?

And It does NOT give those designated persons the right to do what?

A

Gives them the right to… be on the premises during the search and search for/ seize property without the occupiers permission

No right to… force entry.

28
Q

Power under which an officer may enter and search without a warrant to make an arrest..

A

S17 PACE

29
Q

S17 PACE

A

A constable may enter and search any premises for the purpose of:

Executing a warrant of arrest

Arresting a person for an INDICTABLE offence

Arresting a person for an offence under :

S6-8, or s10 criminal law act 1977 (offences relating to entering and remaining on property)

S4 PO act 1986 (fear or provocation of violence)

S4 road traffic act 1988 (driving whilst under influence of drink/drugs)

S163 road traffic act 1988 (failure to stop wheb required to do so by constable in uniform)

S1 PO ACT 1936 (prohibition of uniforms in connection with political objectives

(Plus offences under transport and works act, failing to comply with interim.possession order, animal welfare act re prevention of harm to animals, or squatting in residential building)

Arresting in pursuance of s32 (1a) children and young persons act 2012 - any child remanded or commited to local authority accommodation or youth detention accommodation

Arresting a person under the bail act 1976

A person fails to surrender to custody in accordance with court order & where someone not likely to surrender to custody

Recapturing a person unlawfully at large

To save life or limb or precent serious damage to property

30
Q

Entry to search under S17 PACE.. limitations of Entry/search?

A

Can only enter if constable has reasonable grounds to beleive the person sought is on the premises

Search limited in relation to premises consisting of 2 or more seperate dwellings… can search any parts of the premises which are used in common with other occupiers (i.e shared kitchen), and also any such dwelling the constable has reaonable grounds for believing the person sought may be

31
Q

Meaning of Unlawfully at large (under s17 pace) and limitations for entry/ search

A

Can apply to someone who is subject to an order under the mental health act 1983 or someone who has escaped from custody .

The pursuit of the person unlawfully at large must be ‘fresh’ …. the power to enter under s17 pace is only available when the officer is actually pursuing the person concerned

Re menta health act - extend s7 power only extends to entry to retake a mentally ill patient unlawfully at large to hospital provided that such patient is liable to be retaken/returned to hospital… and provided the persuit of the person and entry was fresh

32
Q

Entry under S17 PACE… a constable must have reaosnable grounds to beleive that a person is on the premises in all cases except when?

A

To save life and limb

33
Q

S32 Pace 1984

Search of arrested person

A

Constable may search an arrested person where the person has been arrested at a place other than a police station, if they have reasonable grounds for believing:

  • the person may present a danger to themselves or others…
  • Anything which the arrested person may use to assist him escaping unlawful custody or
  • Anything Which may be evidence of an offence

Cannot remove anything for search other than jacket, outer coat, gloves.

CAN search a persons mouth

34
Q

S32 PACE 1984

Search of premises….

A

Where a person has been arrested for an INDICTABLE offence, an officer has power to search the premises where the person was arrested or where the person was immediately before being arrested

S32 does NOT give power to seize any items found in search- see S19 pace for seizure power

35
Q

S32 also states…

A constable conducting a search under 32 pace may also seize and retain anything he finds if he has reasonable grounds for believing the person may use it to cause physical injury to himself or others

A

.

36
Q

S18 PACE 1984 - search following arrest

Inspector must authorise in writing

A

A constable may enter and search any premsies occupied/controlled by a person who is under arrest for an INDICTABLE offence, if he has reaonable grounds for suspecting there are items on the premises that :

relate to the offence
Or some other indictable offence which is connected/similar to that offence

37
Q

S18 PACE…

Can an officer search before taken to police station

A

Yes.
Officer may conduct a search before the person is taken to station, or when released on bail

This can be done without written authority from inspector, but the officer shall inform an inspector that he has made the search as soon as is practicable

38
Q

S18 PACE-

Reasonable suspicion that a person occupies or controls the premises to be searched is NOT sufficient. It only applies to premises which ARE occupied/controlled by the arrested person

A

.

39
Q

In a lodging house or similar, every reaosnable effort should be made to obtain the consent of the tenant, lodger or occupier.

A

Note:

A search cannot be made solely on the basis of the landlords consent.

40
Q

It is unnecessary to obtain consent from an occupier for a search when it is reasonable to assume innocent occupiers would agree to and accept that police take the proposed action… i.e:

A

A suspect has fled a scene of crime or evaded arrest and it is necessary to quickly check surrounding gardens and readily accessible places to see if the suspect is hiding

Or

Police have arrested someone in the night following a persuit and it is necessary to make a brief check of gardens along the persuit route to see if any stolen or incriminating articles can be found discarded

41
Q

Seize and sift … when can be used

A

When the extent or complexity of a search means its likely to take a long time, the oic may consider using seize and sift powers under criminal justice and police act 2001

42
Q

No search may continue once the oic is satisfied that whatever is sought is not on the premises.

It may also not continue once all things specified in the warrant have been found

A

.

43
Q

A friend, neighbour or other person must be allowed to witness the search if the occupier so wishes unless what?

A

The oic has reaonable grounds to believe that the presence of such person would seriously hinder the investigation or endanger officers or others.

A record of any such refusal must be made on the search record, including the grounds for refusal.

44
Q

S19 PACE 1984.

A

A constable who is lawfully on any premises may seize anything he has reaaonable grounds to suspect:

Has been obtained in the commission of an offence or is evidence of an offence
Or
Is necessary to seize to prevent it being concealed/ lost/ damaged/ altered/ destroyed

45
Q

S18 and s19 PACE..

Where the premises is a vehicle.. the vehicle itself may be seized

A

.

46
Q

Power of seizure and information in electric form

A

S20 PACE 1984 states that every power of seizure shall be construed as including a power to require information stored in any electronic form to be produced in a form to which it can be taken away and readily produced in a visible and legible form

Applies to S8 (warrant) and S18 (post arrest) searches

47
Q

Retention of material searched

S22 police and criminal evidence act 1984

A

Anything seized may be retained for as long as necessary in all the circumstances.

S22 (2) allows for anything seized to be retaijed for use as evidence in trial, forensic examination or further investigation UNLESS a photograph or cooy would suffice.

S22 (2b) seized property may be retained to establish its lawful owner (a person can rely on their right to posession at the time the property was seized as giving sufficient title - i.e purchaser of stolen car was allowed to rely on his possession of the car at the time it was seized as it could not be established that anyone else was entitled to it)

48
Q

Any person claiming property seized by police may apply to a magistrates court for its possession, under the Police (property) Act 1897

A

.

49
Q

Sift and seize powers

Criminal justice and police act 2001, part 2

A

Gives officers limited powers to seize property so they can sift / examine it elsewhere.

Must only exercise these powers when its essential and must not remove any more material than necessary

Propery seized under this act must be kept securely and seperately from any material seized under other powers - under s50/s51.

Examination of material must be done at the earliest practicable time to determine wj2ixj elements must be retained - as per s53 of this act

Must give due regard to the desirability of allowing the person from whom the property was seized, or a person with an interest in the property, an opportunity to be present or represented at the examination.

50
Q

Must give due regard to the desirability of allowing the person from whom the property was seized, or a person with an interest in the property, an opportunity to be present or represented at the examination.

All reasonable steps shoukd be taken to accommodate an interested persons request to be present, provides the request is reasonable and subject to what?

A

The need to prevent harm to, interference with, or unreasonable delay to the investigatory process.

If examination conducted without a persons presence who has asked to attend, the officer must give that person a written notice of why the examination was carried out in thise circumstances

51
Q

Material examined under seize and sift powers, where there is no power to retain must be..

A

Seperated from.the rest of the seized property

Returned as soon as reasonably practicable after examination of all the seized property.

Delay is only warranted.if it is due to the unavailability of the person it is to be returned to
Or
The need to agree a convenient time to return a large volume of material

52
Q

Seize and sift..

legally privileged, excluded or special procedure material which cannot be retained must be returned as soon as reasonably practicable and without waiting for the whole examination

A

.

53
Q

Seize and sift powers (criminal justice and police act 2001) only extend the scope of some other powers, they do not provide free standing powers to seize property.. they supplement other powers of search and seizure.

A

If there is no existing power of seizure other than the criminal justice and police act 2001 (sift and seize) then there is no power

54
Q

In s15 PACE 1984 what is included in ‘premises ‘

A

Any place , and in particular..

Any vehicle, vessel, aircraft or hovercraft,
Any offshore installation,
Any renewable energy installation,
Any tent or moveable structure

55
Q

S19 PACE…
Seizure of property…

Suspect or believe to be stolen??

A

Believe.

Reasonable grounds for beleiving that the property has been obtained in the commission of an offence or the property is evidence in relation to an offence

And thats its seizure is necessary to prevent the property being concealed lot or destroyed

56
Q

S17 PACE… provides authority for constable to enter premsies in several circumstances… Saving life and limb being one of them… what grounds must he have to enter to save life and limb.

A

There is no requirement for the officer to have ‘reasonable cause to believe’ anyone is inside the property for the purposes of entering to save life and limb

Officer does not need to be in uniform to enter to save life and limb

57
Q

S19 PACE

Can seize something if they believe or suspect it to be evidence of an offence ?

A

Believe.

58
Q

S18 search of premises…

Premises must be owned or occupied by the arrested person..

A

This is a FACTUAL requirement.

It is not enough that the officer suspects or believes

59
Q

Search warrants

A

Must reasonably BELIEVE indicatable offence committed, or material on presmises that is likely to be of substantial value to the investigation, and that material is likely ro be relevant evidence and it doesnt include items subject to legal privilege.

Constable can apply for warrant

Inspector to authorise another entry or another premises search (if all premises and multiple entry warrant obtained)

Material which is solely of value for intelligence cannot be seized under s8 warrant!

60
Q

S23 drugs search warrant

How long does it last?

A

1 mth from date of issue

N.I.E. v2 (20 decks)

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