Powers of entry
When can the police enter and search
Police can only enter premises without a warrant if a serious or dangerous incident has taken place.
Situations in which the police can enter premises without a warrant include when they want to:
- 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.
Apart from when they are preventing serious injury to life or property, the police must have reasonable grounds for believing that the person they are looking for is on the premises.
If the police do arrest you, they can also enter and search any premises where you were during or immediately before the arrest. They can search only for evidence relating to the offence for which you have been arrested, and they must have reasonable grounds for believing there is evidence there. They can also search any premises occupied by someone who is under arrest for certain serious offences. Again, the police officer who carries out the search must have reasonable grounds for suspecting that there is evidence on the premises relating to the offence or a similar offence.
In other circumstances, the police must have a search warrant before they can enter the premises. They should enter property at a reasonable hour unless this would frustrate their search. When the occupier is present, the police must ask for permission to search the property – again, unless it would frustrate the search to do this.
When they are carrying out a search police officers must:
- identify themselves and - if they are not in uniform - show their warrant card, and
- explain why they want to search, the rights of the occupier and whether the search is made with a search warrant or not.
If the police have a warrant, they can force entry if:
- the occupier has refused entry, or
- it is impossible to communicate with the occupier, or
- the occupier is absent, or
- the premises are unoccupied, or
- they have reasonable grounds for believing that if they do not force entry it would hinder the search, or someone would be placed in danger