08-02 Entry and Search of Premises_388b904bc32441a576f88e17b93f5d04.pdf

OFFICIAL Unit 8 Lesson 2...

OFFICIAL Unit 8 Lesson 2 Entry and Search of Premises Learning Aim: The learner will be able to explain Police powers and procedures relating to the entry and search of premises Learning Outcomes: On successful completion of the lesson, Introduction students will be able to:- There are many reasons why police officers require to enter and search premises, 1. Explain the provision of the Human Rights including searching for stolen or illegal Act 1998 in relation to entering premises property, searching for information, searching (pg. 1) for people wanted for committing crimes or failing to attend at court, to find people who 2. State your common law powers to enter are missing and to provide assistance for premises (pg. 2-3) people in distress. Article 8 of the Human Rights Act 1998 refers 3. State your common law powers to search a to rights of privacy. It states that:- premises without warrant (pg. 4) 4. Explain what a search warrant is and state “Everyone has the right to respect for their the powers it gives you to enter and search private and family life, their home and their premises (pg. 5-8) correspondence. There shall be no interference by a public authority with the exercise of this right except such as in accordance with the law.” Officers are accountable for the powers that they use; actions must be proportionate, legal, accountable, necessary and ethical (PLANE). 1 th Amended 29 February 2024 v.4 OFFICIAL  OFFICIAL Unit 8 Lesson 2 Entry and Search of Premises Power to Enter Premises (Other than to Search) There will be times when you will need to enter premises for reasons other than to search them. At common law you are justified in entering premises in the following circumstances:- Disturbance - To quell a disturbance actually ongoing Invitation - On the freely given invitation of the occupant Serious - When in the close pursuit of a person who has committed or attempted to commit a serious crime, e.g. Murder, Rape, Robbery, Theft by Housebreaking, etc. Cries - On hearing cries for help or cries of distress If the circumstances amount to an emergency, you may force entry but only after first:- Knocking loudly Stating that you are the police Indicating the nature of your business Demanding admission Only then, after the occupant refuses to let you in, can you force entry. Note:- Several statutes authorise you to enter premises in the course of your duties such as the Licensing (Scotland) Act 2005 which gives you the power to enter licensed premises. Where relevant, these powers will be covered elsewhere in the course. 2 Conduct Systematic Searches OFFICIAL  OFFICIAL Unit 8 Lesson 2 Entry and Search of Premises Activity 1 A1 In which of the following scenarios would a Constable be correct to use their common law power of entry? 1. Officers attend a report of a noisy party. On arrival at the locus they hear loud music along with several raised, aggressive sounding voices from within. They knock, identify themselves as police on several occasions and receive no response. They have to use physical force to gain entry to the property. 2. Officers attend a report of a domestic disturbance where the informant stated they heard angry shouting and a child screaming. On arrival officers hear nothing from inside the locus. The door is unlocked so they let themselves in to check on welfare of those within. 3. Officers attend the home address of John Smith with council staff. The house is owned by the local council. Council staff have keys for the property with them and invite officers to enter. 4. Officers are out on foot patrol. They hear an elderly woman crying in pain from within her ground floor flat. They engage through the letter box and learn she has fallen and cannot get up. She tells them about a key hidden under the door mat and they let themselves in to give her assistance. 5. Officers on foot patrol witness Alexander Brown committing a Breach of the peace by shouting and swearing in the street. They approach him and he makes off. After chasing Brown for 500 meters he makes his way into his home address and shuts and locks the door prior to officers catching him. 3 Conduct Systematic Searches OFFICIAL  OFFICIAL Unit 8 Lesson 2 Entry and Search of Premises Power to Search Premises without Warrant (Common Law) While you have no general power to search premises without a warrant you can do so in the following circumstances:- With the full and free consent of the occupier of the premises. Such a search should only be made where the giving of consent is corroborated and when the occupier is present during the search. The occupier should be informed that they are not obliged to give consent. If the consent is withdrawn during the search, the search should be immediately terminated. Where you need to search the home of a person who has been arrested on a grave charge and where any delay caused by obtaining a warrant is likely to defeat the ends of justice. If the search was minor or if urgency is not a prime consideration, search without warrant would not be justified. Note:- many statutes authorise the search of premises without warrant. Where relevant, the powers provided by these various statutes will be covered elsewhere in the course. Professional Standards PS In all cases relevant details should be noted. Where permission by the occupier of premises has been given, a statement to that effect should be noted in your notebook and signed by the occupier. 4 Conduct Systematic Searches OFFICIAL  OFFICIAL Unit 8 Lesson 2 Entry and Search of Premises Feedback 1 F1 Officers are correct to use their common law powers of entry in this situation. They can hear a disturbance and have carried out the required actions prior to entering the locus. Officers could not use their common law power of entry here. There is no ongoing disturbance and should have carried out other actions prior to entering e.g. door to door enquiry; speak with informant, etc. Officers could not use their common law power of entry here. The invitation was not made by the occupant. Officers are correct to use their common law power of entry in this situation. They can both hear cries of distress and have been invited by the occupant of the property. Officers could not use their common law power of entry here. Although they are in pursuit it is not in relation to a serious crime. Power to Search Premises with a Warrant A search warrant is issued by a Sheriff or Justice of the Peace and authorises you to enter the property and open any lockfast places, using force where necessary. It is normally only valid for premises within the jurisdiction of the issuing justice or sheriff. An application for a search warrant should be as precise as possible specifying places to be searched including outhouses and vehicles, if appropriate, and the articles to be seized. General terms such as "stolen property" should be avoided. With the authority of a warrant you can search specific premises and enter by force if necessary. Cupboards and drawers may also be entered by force if you have reasonable cause to suspect that evidence or articles from the crime are contained within. However, even while acting under the authority of a warrant your actions must be justifiable. Consider having to explain in court why you forced open a desk drawer when your warrant authorised you to search for a widescreen television. 5 Conduct Systematic Searches OFFICIAL  OFFICIAL Unit 8 Lesson 2 Entry and Search of Premises Some search warrants, e.g. drugs and firearms warrants, also authorise you to search persons found on the premises. The fact a warrant exists provides relevant justification to search individuals within the property in question. Constables would detain and search such individuals using the appropriate legislation such as Section 23 Misuse Drugs Act 1971, if searching the property in relation to a drugs warrant. All guidelines in relation to stop and search should be followed in these circumstances. Please refer to stop and search notes for further information. What Property Can be Seized? Where a warrant is granted to search for specified items of stolen property the police may be excused for seizing other items not referred to in the warrant. Prior to doing so officers must have reasonable grounds for suspecting the items to be connected to another crime and it is a matter of urgency in that if not taken then, the items would have been disposed of by the time the police obtained a further warrant. Best practice would be to obtain a further warrant as long as the delay in obtaining one would not defeat the ends of justice. For example if officers were searching a house using a drugs warrant because they suspect drug dealing but locate a hand gun then they should contact a sheriff and apply for a firearms warrant. However if there was any risk the gun could not be secured in the interim period and may be disposed of then a Constable would be justified in seizing it. In all instances where additional charges are preferred against the accused as a result of the seizure of items not specified in the search warrant and the case goes to trial, the court will look closely at all the circumstances and decide whether the removal of property not detailed in the warrant was lawful and therefore admissible evidence. The court will want to know:- Did the police know of the existence of the property within the premises prior to search and choose not to include it in the warrant? Were the police making a random search hoping to find incriminating evidence against the accused, e.g. was this a "fishing trip"? Was the discovery of the property purely accidental and did it have to be seized before it could be disposed of? 6 Conduct Systematic Searches OFFICIAL  OFFICIAL Unit 8 Lesson 2 Entry and Search of Premises Case Law It was held that for the purpose of a search warrant ‘premises’ included the garden ground, path leading to the front door and doorstep itself, as well as the house in question. Guthrie v Hamilton 1988 SCCR 330 Note:- Whilst this judgement is helpful to the police you should still be prepared to include any specific area in which you wish to search in the warrant, e.g. if you wish to search for property believed to be buried in the garden, ensure that the garden is mentioned in the warrant. It was held that a search warrant that had not been signed by the Justice of the Peace was held to be invalid. HMA v Bell 1984 SCCR 430 Note:- Remember, the warrant may well be addressed to YOU so it is your responsibility to ensure that it is properly completed before you go to execute it. The High Court of Judiciary sat in an appeal court in July 2002. The court accepted a Crown argument and has ruled that in future the presence of a civilian employed by the police on a search would not nullify a police search warrant as long as the search was under the control of a police officer. HMA v Aspinal N.B. The effect of this judgement is that civilian specialists such as Firearms Licensing Officers, Forensic IT specialists and Vehicle Examiners employed by the police can lawfully accompany police officers during a search under warrant provided the police take the lead role as the warrant is addressed to either a specific officer or officers in general. 7 Conduct Systematic Searches OFFICIAL  OFFICIAL Unit 8 Lesson 2 Entry and Search of Premises Key Information KI Diversity When entering a person’s premises (often their house) for the purpose of conducting a search you should bear in mind that even although your actions will be proportionate, lawful, accountable, necessary and ethical (or else you would not be doing this), they may not be welcomed by the individual concerned. The use of sensitivity and good communication skills can go some way to minimising the intrusion. It may also be the case that areas of the property and specific objects may be of particular religious or cultural significance to the occupier and where possible, reasonable requests by this person should be given appropriate consideration. That said, the law takes precedence over cultural and religious matters and you should not submit to obstruction when conducting a lawful search. It may be of value to refer to the Diversity Guide in advance of any operation if your activities are pre- planned. Activity 2 A2 You have obtained a warrant to search a local house in Burnside Way for stolen property. The house is semi-detached within Burnside housing scheme. From the information you have gathered there is a man, a woman and three children living in the house. List what practical arrangements including health and safety issues you should consider before commencing the search. 8 Conduct Systematic Searches OFFICIAL  OFFICIAL Unit 8 Lesson 2 Entry and Search of Premises Feedback 2 F2 Let's now look at what arrangements you should have made prior to and during your search and what resources may be available to assist you. Most searches you will undertake with colleagues will be relatively straightforward. The most important point to remember is that you must remain in total control throughout the search. This means controlling people within the premises and those who may attempt to enter or leave during the search. You should always ensure that there are sufficient officers present to assist you in the search. You should speak to staff in the local Criminal Intelligence Office and Warrants Office to obtain as much information about the householder as you can. You should also consider checking PNC, CHS and iVPD. You may need equipment to assist you in gaining entry to the house. Devices such as the RAMIT door opener or hydraulic door ram are available for trained police officers to use. You must confirm that you are at the correct location listed on the warrant. You should ensure that officers are available and positioned to watch all possible exits from the house including doors and windows in case people try to escape or dispose of evidence. 9 Conduct Systematic Searches OFFICIAL  OFFICIAL Unit 8 Lesson 2 Entry and Search of Premises Feedback 2 continued F2 Once you have gained entry to the house you should show the warrant to the householder and give them the opportunity to read over it without giving them the chance to seize and destroy it. It is essential that your search be fully corroborated. The search must be thorough, systematic and detailed. On finding evidential items the suspect should be formally cautioned, and any remark made by them relating to the goods noted in your notebook. Limited questions may be asked such as "What is that?" and "Who does this belong to?" but replies to questions of a more extensive nature are likely to be deemed inadmissible in court as the suspect has not had the opportunity to consult with a solicitor. Should the suspect subsequently be arrested and interviewed, these questions should be repeated once the suspect has been afforded solicitor access. You should record the position and location of items found in your notebook. All items seized must be recorded. It is common practise for one officer to be appointed as a productions officer to ensure that everything is accurately recorded. You will need sufficient production labels and suitable bags and containers for storing and transporting any evidence that you seize. Depending on the circumstances, remember the evidential opportunities available from DNA recovery and take appropriate precautions when searching to protect this, e.g. using fresh gloves and masks during each search if executing a number of warrants. 10 Conduct Systematic Searches OFFICIAL  OFFICIAL Unit 8 Lesson 2 Entry and Search of Premises For further information, use the resources shown below:- Legal Database: Police Powers and Duties – Police Powers - Entry Without Warrant and Search Without Warrant Review: You can explain the provision of the Human Rights Act 1998 in relation to entering premise You can state your common law powers to enter premises You can state your common law powers to search a premises without warrant You can explain what a search warrant is and state the powers it gives you to enter and search premises 11 Conduct Systematic Searches OFFICIAL  OFFICIAL Unit 8 Lesson 2 Entry and Search of Premises Learning Log: How will what you have learned in this module impact your day-to- day role? Are there any skills or knowledge you would like to develop further following this module? End of Module 12 Conduct Systematic Searches OFFICIAL