Your perception of the seriousness of the reason for the visit has no bearing on whether you should have been given an explanation as to why the police wanted to speak to your housemate.
The Police Just Knocked...
- Thread starter Mr Jones
- Start date
Wait, you're getting it wrong, my perception is IF there is a serious crime happening in the house, I am not going to stand in-between them and the entrance. What I can see is "Are you Mr. A?", "No, he's upstairs", policeman walks into the property and head up to find him. Be it serious or not, my annoyance is the manner in which the police officer enter the property without an ounce of common courtesy, even though I did not protest his entrance.
Yes in some instances. You do not always need a warrant to enter a dwelling.
They were let into the dwelling, whether they were rude or not is another issue as they did not force entry into the dwelling.
Would you be kind to explain your perception of letting into the property?
Is allowing them into the house after they took the step in, without protest, be perceived as allowing them in or would "May I enter to see XXXX upstairs", "Yes", be allowing into the dwelling?
Associate
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We don't know anything about the reason he was held in custody, before being bailed. Can I say that you don't really know much about him either (or his girlfriend, since you describe her as 'unsociable').
I'm one of those quaint, naive, trusting types, who generally believes that the police do a good job, and that if you have nothing to hide, you've nothing to fear. Sure, there can be some officers who have a bit of an attitude problem, but by and large, any dealings I've had with the police have been OK.
If this has been covered, i've missed it but:
It's a shared property, and you're all students? If that's the case, can i assume you're not the houseowner?
Given that, what's to say the police didn't contact your landlord/landlady to get permission before driving to the house?
Just curious.
It's a shared property, and you're all students? If that's the case, can i assume you're not the houseowner?
Given that, what's to say the police didn't contact your landlord/landlady to get permission before driving to the house?
Just curious.
Soldato
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its well within your right to kill them..
you should have said, sorry i dont want to buy anything and close the door
In order to conduct a search Police need a warrant to search the property. If they wish to ascertain the whereabouts of a certain person and or speak to someone in this case Mr X they do not need a warrant to enter the property.
I am assuming that upon their visit they went upstairs, spoke to Mr X and did not ransack the property? If this is so then no search warrant is required. In addition, searches can still be carried out without the need of a search warrant if they have the permission from someone within the property they intend to search.
For example speaking to Mr X and asking if they can look around, 9 times out of 10 unless the specific person is hiding something they agree to it because they know full well the Police will still come back with a warrant and make the place 10x messier, well thats what happens here anyway
I am assuming that upon their visit they went upstairs, spoke to Mr X and did not ransack the property? If this is so then no search warrant is required. In addition, searches can still be carried out without the need of a search warrant if they have the permission from someone within the property they intend to search.
For example speaking to Mr X and asking if they can look around, 9 times out of 10 unless the specific person is hiding something they agree to it because they know full well the Police will still come back with a warrant and make the place 10x messier, well thats what happens here anyway
Wrong, you do not need a warrant always to search a property.
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If I was living in a shared house with people I don't really know, and especially if one of them had a boyfriend who has had run ins with the police, I would be inviting them in and asking if they wanted a cup of tea. Let them do their job.
It's quite amazing how many "police" we have on these forums.
The number of people posting with authority on this thread is quite amazing - just a shame that there are lots of conflicting posts.
Despite what some people think, the police do tend to know what they can and cannot do.
They aren't going to just walk in if it isn't allowed and will ultimately end up in any attempted conviction simply being thrown out of court.
I think it is safe to say that if they did just barge into the property last night (and remember we've only got one side of the full story and it is amazing once both internet bravado kicks in and how people "remember" things going) then they could do so quite legally.
The number of people posting with authority on this thread is quite amazing - just a shame that there are lots of conflicting posts.
Despite what some people think, the police do tend to know what they can and cannot do.
They aren't going to just walk in if it isn't allowed and will ultimately end up in any attempted conviction simply being thrown out of court.
I think it is safe to say that if they did just barge into the property last night (and remember we've only got one side of the full story and it is amazing once both internet bravado kicks in and how people "remember" things going) then they could do so quite legally.
I'll try and clear this up...
1) A Search warrant IS required if you need to search a property for drugs/stolen property etc
2) A search warrant is NOT required to search a property if you know that someone is inside that property is wanted in connection with an offence.
3) If the police are doing a curfew check then that person on the curfew should by the conditions of the curfew imposed by the courts or police present themselves to a police officer at anytime during that curfew. If they do not present themselves, then a police officer can then believe they have broken their curfew and so need to be arrested and as such the police officer can then search the property for that person.
Without knowing the full circumstances surrounding the visit last night I cant comment on whether it was legal or not but I suspect it would have been so.
1) A Search warrant IS required if you need to search a property for drugs/stolen property etc
2) A search warrant is NOT required to search a property if you know that someone is inside that property is wanted in connection with an offence.
3) If the police are doing a curfew check then that person on the curfew should by the conditions of the curfew imposed by the courts or police present themselves to a police officer at anytime during that curfew. If they do not present themselves, then a police officer can then believe they have broken their curfew and so need to be arrested and as such the police officer can then search the property for that person.
Without knowing the full circumstances surrounding the visit last night I cant comment on whether it was legal or not but I suspect it would have been so.
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That is not true.
If a Police Officer were too see a person leave a house and lets say for arguments sake that person dropped some heroin on the floor. Any Police Officer in those circumstances would have the right to search the premises that the person just left without the need for a warrant.
Caporegime
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bull, that sounds completely wrong. That MIGHT give them a basis for probable cause in obtaining a search warrant.
But if random person X leaves a house that isn't his, and drops drugs all you have is the idea that random person X has drugs. Theres nothing there that indicates he must have gotten the drugs in said house, if he lives in the house thats slightly different.
But generally seeing something like that simply gives you probable cause to search his immediate property. IE if you see a gun sticking out from under a seat in a car of a guy they stopped they'd have probably cause to search the car, but not his house, nor the house of the passenger. They might be able to use what they found as evidence when applying for a search warrant for his house but you can't just randomly gain entry due to seeing something so basic.
Frankly, they shouldn't have stepped into the house in any situation without asking. If its non emergent, they should simply ask you to bring the person in question downstairs to speak to them, theres no need for them ever to be in the house, or to ask you if they can come in, to simply push in is stupid.
Things might change in an emergency, but realistically theres not much harm in asking you for persmission to enter, at worst if gives them extra cover for legal entry. If this guy is a known criminal and they want to arrest him there is always a chance he'd run or do something stupid, so a warning to possilby bystanders is a pretty decent thing to do aswell.
![[TW]Fox](/data/man-of-honor/2009.png){kind=avatar}
Nope its completely right. If the police see a crime take place in a house they are allowed to enter it
Caporegime
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[TW]Fox;12705354 said:Might I suggest that if you dont want this sort of thing to happen you don't allow criminals in your house?
They cannot search your house but they can come in and get somebody surely?
Actually, I'm gonna check because I'm interested, but surely they need permission for an arrest warrant aswell(which it seems this wasn't anyway). Or they'd have permission to break into any house whenever they liked and simply say they were looking for Mr X listed as having an arrest warrant in his name.
Tis the one downside of roomates though, they could be completely normal but hook up with a criminal out of no where after they've moved in. NOt as bad but one of my roomates at uni had an idiot friend who moved down to london over almost every day from half way through the year to the end.
I think the main criteria is that police can only force entry into a house when they actively suspect a crime is taking place as it happens, and the crime has to be a certain type of crime, violence, burglary, some kind of immediate crime. Dealing drugs I don't think would count, neither would, downloading illegal materials or stealing cable, almost all other situations they need permission to enter from the owner (which includes tennants who essentially have the same rights once they sign a contract) or legal right with a warrant.