The Police Just Knocked...

[Gaygle]

Just out of interest....what is your housemate on bail for?

 

[Mr Jones]

Might I suggest that if you dont want this sort of thing to happen you don't allow criminals in your house?

I wish I could have chosen my house mates, this is my "first year" in Hull so this is the accommodation that is best for my budget, location and all. Everyone in this house is fine - it's only a week after living here when the boyfriend came to live here, which I assume the landlord agreed to allow as there was a letter dropped in a week ago seeking permission for XXXX to reside in the property as he is out on bail.

He may be a "criminal" but as a person, he is alright around the house, so no qualms from me. I'll just ignore the door after 10:30pm - they can break it down if they like but if they break my room door, it'll be a different matter.

Again, I must emphasise, my complain is against the manner in which that specific officer handled the situation. I am not out to stop them doing their job.

Anyway, after reading almost all the post, it seems that there is really a lot of confusion and different interpretation to the rights of Police entry. It's also raised an issue I'm interested; lets say XXXX is dealing or using drugs and he was caught during one of these routine check up, are the police entitled to search the individual rooms of the shared house? (Every room have its own lock, if that makes a difference)

 

[Nathan]

So there's very few terms that they can enter without a warrant. Just search around for 'police search rights' or similar.

Thats to do with executing a power to search :/

We can enter to arrest, save life or limb and to prevent serious damage to the property with regards to section 17 of PACE

We can execute search warrants on all sorts of powers, s32, s18, s23 etc etc.

 

[Nathan]

every piece of police code quoted so far goes to show that its only allowable without a warrant for an indictable offence, which isn't what you are talking about.

Again I'll say, the power you suggest they have is completely and totally unlimited as without any arrests, or basically anything they can enter anyones house under the pretense of looking for someone they do have an arrest warrant for. That is clearly ridiculous, it clearly doesn't happen in this country, so what you've suggested is just completely wrong. This to me says you don't know what you are talking about on the subject matter.

I don't know either, I'm not a cop, but based on the actions of the police its very simple to see you're wrong.

Its this simple, there are lots of law's in place limiting the powers police have for the exact reason that they can't just make up a pretense and enter any ones house. Hence the need for warrants, by the way you've said it can happen, you find out about a house that drugs are sold in, search everyone who comes out, the first person they arrest with drugs lets you go in and search the house and jobs done, investigation over, drugs siezed and everyones in jail. The very fact that it doesn't happen, proves you are wrong. The fact that investigations like that take time and effort and need warrants to go in and search proves you are wrong.

The last part of your quote actually DOES happen though. Say if you were to arrest a shop lifter in town and the police have grounds to suspect that stolen property is in their house (items from shops etc) then we can go back to the house and search it. The police do not need warrants all the time so to speak. A section 18 warrant can be done without the inspectors permission too, though you should inform them as soon as practicable

 

[Nathan]

Indictable Offences – These are the more serious crimes and include murder, manslaughter and rape. All indictable offences must be tried at the Crown Court, but the first hearing is dealt with at the Magistrates' Court. The magistrate will decide if the defendant should be given bail. The case is then transferred to the Crown Court.

opps, so they don't have the power to search when someone drops some drugs, only in FAR FAR FAR more serious cases, so you're wrong.

WRONG

You are getting indictable and indictable-only mixed up.

indictable offences are those offences which are:

Either way offences (magistrates or crown court)

or

indictable-ONLY (crown only)

The Police actually have a wide range of powers to enter - you NEED grounds however to enter.

 

[Energize]

Yeah there are loads of petty offences that are indictable, it's just that they almost always go to the magistrates court as summary convictions.

 

[Slinwagh]

So was I in some part correct then!?

 

[Nathan]

So was I in some part correct then!?

Yes