The Law of Entry, Search, and Seizure

Lincoln Repository

Contents:

  • Police powers to enter and search premises
  • Power of seizure
  • Table of contents
  • The Law of Entry, Search, and Seizure
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  • The law of entry, search, and seizure [5th Edition] - The Lincoln Repository

    • The warrant may authorise someone else to accompany any constable who is executing it. This person has the same powers as the constable whom he accompanies in respect of the execution of the warrant, and the seizure of anything to which the warrant relates, but he may exercise those powers only in the company, and under the supervision, of a constable.

    Entry and search under a warrant must be within three months from the date of its issue.

    Police powers to enter and search premises

    If the warrant is an all premises warrant, no premises which are not specified in it may be entered or searched unless a police officer of at least the rank of inspector authorises entry in writing. No premises may be entered or searched for the second or any subsequent time under a warrant which authorises multiple entries unless a police officer of at least the rank of inspector authorises this in writing. Entry and search under a warrant must be at a reasonable hour unless it appears to the constable executing it that the purpose of a search may be frustrated on an entry at a reasonable hour.

    Where the occupier of premises which are to be entered and searched is present at the time when a constable seeks to execute a warrant to enter and search them, the constable a shall identify himself to the occupier; b produce the warrant to him; and c supply him with a copy of it.

    Power of seizure

    In recent years, the law relating to entry, search and seizure has undergone major change. Significant legislation, including the Protection of. In recent years, the law relating to entry, search and seizure has undergone major change. Significant legislation, including the Protection of Freedoms Act

    If there is no person present who appears to the constable to be in charge of the premises, he shall leave a copy of the warrant in a prominent place on the premises. A search under a warrant may only be a search to the extent required for the purpose for which the warrant was issued. A constable executing a warrant shall make an endorsement on it stating a whether the articles or persons sought were found; and b whether any articles were seized, other than articles which were sought.

    Table of contents

    A strip search can only happen if the police think it is necessary to confiscate an illegal item that you are hiding under your clothes or on your body, such as a weapon. Entering and Searching Premises. You can remove this voluntarily, however. There are differences in who may apply for and execute a search warrant, under what conditions, and what powers they bring. Top links Finding accommodation Neighbour disputes Antisocial behaviour Tenancy agreements. The book also covers the powers of many other officials, such as the HM Revenue and Customs, trading standards officers, and the powers of central and local government officers.

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    The Human Rights Context 3: Revenue, Customs and Excise 8: Central Government Powers 9: Local Government and Public Utilities Over the past 30 years he has taught at a variety of higher education institutions, including Leicester University where he held the positions of Head of Department and Dean , Nottingham Trent University where he was Dean of the Law School , and the Inns of Court School of Law where he was Principal. Richard's main research interests lie in the areas of civil liberties and human rights.

    The Law of Entry, Search, and Seizure

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    Powers of entry Powers of entry during an immediate public health risk In addition to the general powers of entry provided for under section , an authorised officer may at any time enter and inspect any premises including a residential premises if the authorised officer reasonably suspects: How to obtain informed consent from the occupier? When requesting consent, the authorised officer must inform the occupier: Does consent need to be in writing?

    When the police can stop and question you

    Consent can be made verbally or in writing. Can an occupier withdraw their consent? Can an authorised officer receive assistance?

    The law of entry, search, and seizure [5th Edition] - The Lincoln Repository

    Power of seizure What things can an authorised officer seize? How to seize an item To seize an item, the authorised officer can either leave the item at the premises where it is found or remove the item off site section If the item is left at the premises, the authorised officer: Notification of seizure form Once an authorised officer has seized an item, they must provide written notification to the person from whom the item was seized as soon as practicable.

    Warrants What is a warrant? How can a warrant to enter premises be obtained? Under section , an authorised officer may apply for a warrant to enter premises: What is the process for obtaining the warrant?

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    An authorised officer must make an application to a judicial officer in person, unless: A judicial officer is a JP or a magistrate.