Stop and Search and House Searches – When can the police conduct searches?

The police have a number of powers which allow them to search a person or their property. Most of these powers are contained in the Police and Criminal Evidence Act 1984 (PACE).

This blog is a short guide as to why and how the police are allowed to conduct these searches.

When can the police search me?

A police officer can stop and search you if they have ‘reasonable grounds’ to suspect that you are carrying either:

1. Illegal drugs
2. A weapon
3. Stolen property
4. Something which can be used to commit a crime

You could also be stopped and searched without reasonable grounds. This can only happen if it has been approved by a senior officer. The police must suspect that:

1. Serious violence could take place
2. You’re carrying a weapon or have used one
3. You’re in a specific location or area

When can the police search my car?

The police have the power to stop a vehicle on the road and ask the driver to produce a driving licence, an insurance certificate or a test certificate. They can also stop and search a vehicle if they suspect that it contains stolen property or drugs.

The police have the power to set up a ‘road check’ which allows them to stop all vehicles or a selected number of vehicles on any road.

When can the police search my home?

A common belief amongst the public is that the police cannot enter your home without a ‘warrant’. Although this is accurate in some senses, there are several Police and Criminal Evidence Act 1984 (PACE) powers which the police have which allows them to search someone’s home.

For example, the police can enter a house for the following reasons:

• (1) Arrest – S.17 of PACE allows the police to enter and search any premises to execute an arrest warrant, or to arrest or recapture a person at any premises.
• (2) To save life and limb or prevent serious damage to property.
• (3) If you or someone else who lives in the property invite the police in, the police are able to enter and search the property.
• (4) They have a search warrant; If the police have a search warrant for your property, then they are allowed to enter your home with or without permission. They are also allowed to force entry and cannot be held responsible for any damage they cause whilst carrying out the search.

There are two types of warrants:

• Specific premises warrant
• All premises warrant

A specific premises warrant allows officers to enter and search the premises which is specified on the warrant whereas an all-premises warrant allows officers to enter and search all premises owned and controlled by a suspect.

• (5) In the interests of justice
  The police can enter a property if there is an argument that the delay that would occur in obtaining a search warrant would defeat the interests of justice. One example of this is if they believe that evidence is likely to be destroyed.
• (6) After an arrest
  S.32 PACE allows the police to enter and search any premises that the suspect was in at the time of their arrest or immediately before their arrest for evidence if the offence is indictable.

The police must have reasonable grounds to believe they will find evidence connected to the alleged offence. Authorisation must also be given by a senior police officer, meaning an inspector or above.

S.18 PACE provides the powers for the police to search a premises whilst a suspect is still at the police station, if they have not searched the premises at the time of arrest. The police may enter and search any premises occupied or controlled by a person who is under arrest for an either way or indictable offence if they have reasonable grounds for suspecting that there is evidence on the premises that relates to the offence or to some other similar offence which is connected with or similar to that offence.

The police are also allowed to enter premises for the following reasons:

• To prevent a breach of the peace from occurring or stopping an ongoing breach of the peace
• To complete a well-being check
• When in close pursuit of someone the police believe has committed, or attempted to commit, a serious crime (S.17 PACE)

What happens during a search?

The police should show you a copy of the valid search warrant, if they have one.

The police can and will look wherever they want to during a search. They have the power to seize items if they believe that they were gained through illegal means, such as cash, or were used to carry out a criminal offence. They can also seize anything which they think will aid their investigation or could be used as evidence.

Digital communication devices are usually seized during house searches, and these are retained until the conclusion of the investigation, or the case if the matter goes to court.

Police are unable to take materials which relate to legal advice as this is protected by legal privilege. The police also require a special warrant if they want to take items relating to journalistic materials or medical samples.

Criminal Defence Specialists

The police must exercise their powers within the constraints of the law. If they do not then any evidence obtained may be ruled to be inadmissible.

If you or your property has been searched, contact our specialist lawyers on 0161 834 1515, email us at info@olliers.com or complete the form below.