Entry and search without a warrant
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The police are at my house and want to come in but they don't have a warrant . I don't have to let them in, do I?
Yes, for some things, for example to:
- prevent domestic violence
- investigate traffic offences e.g. to take a breath test for alcohol
- catch someone who has escaped from prison or from being arrested
- search if they reasonably suspect there is evidence which may otherwise be hidden or destroyed
- arrest someone
- reach a crime scene.
The police want to search me/my car but they don't have a warrant. They don't have the right to do that, do they?
Yes, they do, as long as they reasonably suspect that there may be on you or in your car things like:
- a weapon or dangerous drug
- property that you've got by breaking the law
- tools to break into houses or cars
- something that you plan to use to hurt yourself or somebody else
- evidence that someone has broken the laws in the commission of an indictable offence where the maximum penalty is at least seven years imprisonment, that may be hidden or destroyed.
The police are supposed to protect your self-respect during the search.
The police have searched me and taken my property. They can't keep it can they?
Yes they can - at least for a while. If they take anything, they must give you a receipt for it as soon as possible. They can take or photograph anything which they suspect is evidence of breaking the law.
For example, if it's your property and it's not needed any more for evidence, they are supposed to give it back.
They can't keep it for more than 28 days unless they get a court order to keep it until the court case is finished or to destroy it.
If the property is not returned when you think it should be, follow the police complaint procedures or get legal advice.