UK Law

Get UK Law Questions Answered by Verified Experts

Ask an Expert,
Get an Answer ASAP!

UK Law

can the police enter my property without my permission and

Customer Question
search for someone ?...
can the police enter my property without my permission and search for someone ?
Submitted: 9 years ago.Category: UK Law
Ask Your Own UK Law Question
Answered in 52 minutes by:
10/3/2008
Solicitor: Patrick, Barrister replied 9 years ago
Patrick
Patrick, Barrister
Category: UK Law
Satisfied Customers: 161
Experience: Cambridge University, Chartered Arbitrator, Barrister and Attorney
Verified
Dear Craig,

Yes, if the police have "reasonable or just cause" to believe that you are harbouring a fugitive or that they protecting the peace they can enter with out your permission. Otherwise they need a warrant from the courts to enter without your permission. A full explanation is below,

Searches of Premises
Search with a warrant (section 8 Police and Criminal Evidence Act, 1984)
Before the police can search your home or workplace for
people or articles linked to an offence they must get a
warrant. The offence must also be a serious or ‘indictable’
offence (ie an offence triable either way or triable only in
the Crown Court).
A magistrate can authorise entry and search of your home
or workplace where there are reasonable grounds that an
‘indictable’ offence has been committed, that there is
material on the premises of substantial value to the
investigation and that is likely to be relevant evidence and
that it’s not practicable to gain entry any other way.
The police must specify in the application which premises
are to be searched and what articles/persons are being
searched for. Reasonable force can be used to exercise the
warrant eg kicking down your door. Any items found can
be seized. They can only search for items specified in the
warrant, but if they find anything else during the search
which might be evidence of an offence then they can seize
it under their general powers of seizure (section 19 PACE).
See ALP briefing 3 for more on indictable offences.
b. Search without a warrant (section 18 Police and
Criminal Evidence Act, 1984)
Once you have been arrested for an indictable offence the
police no longer need a warrant to search your home or
workplace.
The police can enter premises which are occupied or under
your control eg your home or workplace whilst you are
under arrest for an 'indictable’ offence and they reasonably
suspect that there is evidence on the premises relating to
the offence for which you are under arrest or similar
offences. The police may only search the parts of the
premises under your control so can't search your
housemates rooms but can search the common parts,eg:
garden, kitchen, bathroom, attic.
3. Seizure of Property (section 19 Police and Criminal
Evidence Act, 1984)
A police officer lawfully on premises (which means any
place including vehicles, tents, caravans) can seize any item
which they reasonably suspect is evidence of any offence
or has been obtained as a consequence of an offence. So
they can seize items on actions eg: video or stills cameras,
even though you haven't been arrested, if they reasonably
suspect they contain evidence of an offence.
If they are searching your house and are looking for
specific items they can under this section seize anything
else if it is evidence of an offence. So that bit of dope
down the back of the sofa, when they are looking for
evidence of your last action, can be seized. Don't invite
them in (as they would then lawfully be on the premises),
make them get a warrant, unless they are searching under
section 18 above.
4. Retention of Property (section 22 Police and Criminal
Evidence Act, 1984)
The police have the power to retain your property 'for as
long as is necessary in the circumstances'. You should be
able to get it back as soon as they have dropped the case
or decided it isn't needed as evidence, but there's plenty of
room for abuse there. If you are acquitted you can get
all your property back.

All so

Powers of entry

When can the police enter and search


Police can enter premises without a warrant in a number of different situations. Examples include:-

deal with a breach of the peace or prevent it
enforce an arrest warrant
arrest a person in connection with certain offences
recapture someone who has escaped from custody
save life or prevent serious damage to property.

and...

Searching premises

Although the police do not always need a search warrant, they must always have a reason for the search. A warrant authorises entry on one occasion only and the police can use force if necessary. Some key points are:
You have a right to see both the warrant card and the Notice of Rights and Powers, which sets out the rights of the police and the occupier
The police can enter and search without a warrant under acts such as the Misuse of Drugs Act, and if they need to serve a warrant, arrest or recapture someone or save life or limb
The police cannot seize certain materials such as personal records, human tissue samples, journalistic material and "legally privileged" material without a special judgement
Police can enter and search premises after an arrest but their search cannot go beyond what is reasonable in order to find relevant evidence
The Liberty website has more detail on police powers to search premise

and finally from Your Rights if you live in the Uk

The Police and Criminal Evidence Act 1984 (PACE) provides the police with clear authority to enter and search premises after an arrest. If you have been arrested for an arrestable offence, the police may search premises occupied or controlled by you for evidence of that offence or of some other arrestable offence connected with or similar to that offence. The police officer conducting this search should normally have with him or her written authorisation on the Notice of Powers and Rights for the search by an officer of at least the rank of inspector.

If you have been arrested for any offence - not just an arrestable offence, the police may enter and search any premises you were in at the time of the arrest or immediately before it for evidence of the offence for which you were arrested. Again, in both cases the police are only permitted to search to the extent reasonably required to find the evidence sought and if the search is excessive you may have the remedy of a police complaint or a civil action against the police.

I hope this helps, please let me know if you have any further questions, or click accept and leave feedback.

Best Wishes,
Patrick
Patrick
Patrick, Barrister
Category: UK Law
Satisfied Customers: 161
Experience: Cambridge University, Chartered Arbitrator, Barrister and Attorney
Verified
Patrick and 87 other UK Law Specialists are ready to help you
Ask your own question now
Ask Patrick Your Own Question
Patrick
Patrick
Patrick, Barrister
Category: UK Law
Satisfied Customers: 161
161 Satisfied Customers
Experience: Cambridge University, Chartered Arbitrator, Barrister and Attorney

Patrick is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks!

RickLeeds, UK

I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks!

Ms. BakerAlfafar, Spain

Thank you so much for your help. Your answers were really useful and came back so quickly. Great!

MaggieUSA

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!!

AlexLos Angeles, CA

Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult.

GPHesperia, CA

I couldn't be more satisfied! This is the site I will always come to when I need a second opinion.

JustinKernersville, NC

< Previous | Next >

Meet the Experts:

Ben Jones

Ben Jones

UK Lawyer

9,196 satisfied customers

Qualified Solicitor - Please start your question with 'For Ben Jones'

INC

INC

Solicitor-Advocate

3,868 satisfied customers

LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)

Jenny Mackenzie

Jenny Mackenzie

2,756 satisfied customers

Over 10 years experience in general legal matters

Matthew J

Matthew J

Solicitor

334 satisfied customers

4 y PQE (Partner) - Commercial / Residential Property & Property and Civil litigation experience

James Mather

James Mather

7,349 satisfied customers

Senior Partner at Berkson Wallace

Clare

Clare

Solicitor

9,490 satisfied customers

family solictor with 25 years experience

Thomas

Thomas

Lawyer

2,176 satisfied customers

BA (Hons), PgDip, Practising Solicitor

< Previous | Next >

Related UK Law Questions
I've been asked to go to an interveiw under caution for
Hi I've been asked to go to an interveiw under caution for suspected benefit fraud. What it was is I applied for housing benefit that I am entitled to as single mum and working tax. But what I didn't … read more
Jo C.
Jo C.
Barrister
Master\u0027s Degree
37,601 satisfied customers
Family mater get in ex girlfriend out of my property. What I
Family mater get in ex girlfriend out of my property … read more
Clare
Clare
Solicitor
Bachelor's Degree
9,490 satisfied customers
My ex wife is wanting to take our 4 year old daughter on
Hi, my ex wife is wanting to take our 4 year old daughter on holiday, that in it's self I have no issues with. I have asked my ex wife for a child travel consent form outlining details of the holiday … read more
ivorylounge
ivorylounge
Bachelor\u0027s Degree
38 satisfied customers
I ordered 5 items online, and paid for them. there then
I ordered 5 items online, and paid for them. there then followed a series of emails from the seller, sayting that the item was being 'tested', and that one of the colours I asked for was not available… read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
9,196 satisfied customers
Please can you advice me what will likely happen with the
Hi please can you advice me what will likely happen with the following.In March me and my partner of 6 years had a domestic argument. She drank every day and often came across in my face and argumenta… read more
Jo C.
Jo C.
Barrister
Master\u0027s Degree
37,601 satisfied customers
We have a survey to establish employee satisfaction and our
Hi thereWe have a survey to establish employee satisfaction and our department came last.My manager has just told me that I am being made to improve the score in the next two to three months and if I … read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
9,196 satisfied customers
I have not been paid for some consultancy work i did for an
I have not been paid for some consultancy work i did for an agency set up to manage a United Nations project. They claim the client will not pay them so they are not in a position to pay me. The agenc… read more
Michael Holly
Michael Holly
Bachelor\u0027s Degree
6,665 satisfied customers
I hope so. UK. Letters written, complaint filed with
Letters written, complaint filed with solicitor concerned.... Ideal outcome would be to compromise/mediation... … read more
ivorylounge
ivorylounge
Bachelor\u0027s Degree
38 satisfied customers
I, and one of my executors have changed our address since I
i, and one of my executors have changed our address since I made my Will. Do I need to modify myh Will or will a codicil do? … read more
Clare
Clare
Solicitor
Bachelor's Degree
9,490 satisfied customers
If I have a complaint about my solicitors bill and after
If I have a complaint about my solicitors bill and after exhausting their complaints procedure and my complaint is then bing investigated by the legal ombudsman, does the interest on the bill freeze u… read more
Jamie-Law
Jamie-Law
5,334 satisfied customers
I want to know if my employer can tell me not to come in
i want to know if my employer can tell me not to come in anymore … read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
9,196 satisfied customers
I recently moved my mother to live with me in May last year
I recently moved my mother to live with me in May last year as she has mixed dementia and has increasingly needed more support. I sold my home to purchase a larger house with an annexe to house my mot… read more
F E Smith
F E Smith
Bachelor\u0027s Degree
2,203 satisfied customers
I am trying to find out if copywrite exists on car adverts
Hello I am trying to find out if copywrite exists on car adverts from th 20's to the 50's. The car company was wound up. not absorbed in the mid 1960's … read more
JGM
JGM
Solicitor
Bachelor\u0027s Degree
6,699 satisfied customers
I have an executor for my late mother's will, however, he
I have an executor for my late mother's will, however, he refuses to do his job. What can I do? … read more
Clare
Clare
Solicitor
Bachelor's Degree
9,490 satisfied customers
Is a pretrial services officer allowed to bring up and pass
Is a pretrial services officer allowed to bring up and pass along negative media that is not related to case (non-court or government publications) to work references while doing employment verificati… read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
9,196 satisfied customers
There are 3 joint executors Undier a Will, can one of them
There are 3 joint executors Undier a Will, can one of them act alone if the other two refused to act … read more
Clare
Clare
Solicitor
Bachelor's Degree
9,490 satisfied customers
Prior to entering into a contract with a kitchen company, we
Prior to entering into a contract with a kitchen company, we were informed in writing that one of the products within our quote offered specific features. We then entered into the contract and have si… read more
Jamie-Law
Jamie-Law
5,334 satisfied customers
Police have arrived at my door to inform me I have an
Hi, Police have arrived at my door to inform me I have an interview at the police station with Caution +3 due to an alleged indecent exposure accusation. The lady has reported that I have allegedly ex… read more
Jamie-Law
Jamie-Law
5,334 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x