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Police powers of Entry, search and seizuire (Code B of PACE (premises…
Police powers of Entry, search and seizuire
S8
Enlic v Harington 1765
police must only search premises if
indictable offence was commited
material on the premises has substantial value to investogation
likely to be relevant evidence
material is not subject to legal privelege, exluded material or special prodedure material
must have a Warrant
searches without a warrant can take place
to place person under arrest
S17
To search premises occupiedand controlled by a person under arrest
s18
to search premises where a person was prior to their arrest
S32
Bugging premises
Malone v UK
police bugged home and place of work under Police Act 1997
need statutory regime to do so
police may sieze anything on the premises if has RG believing
it was obtained during the commision of offence
evidence in relation to any opffence
necessary to sieze in case lost altered or destroyed
Jeffery Black
stole sanwhich at a pub, was followed by police and found cannabis in his home
Code B of PACE
premises searched only to an extent required
contable executing the warrant must endorse in stating wether articles were found
executed and non executed warrants within permitted time must be returned to the clerk of Justices
A warrant which is so returned must be restrained for period of 12 months
search must be conducted with consideration of property
S19
Provides police with statutory power to sieze evidence
legal info, medical + copyright
SOCAP
s113/118
All premises warrant