Police powers to enter and seize property

[remsam]

Hi

Do police officers have any other lawful powers to enter residential premises without identifying any legal basis under Code B of the Police & Criminal Evidence Act 1984 ("PACE"), and despite been explicitly requested not to enter, and then demand and seize property without again identifying any legal basis under PACE or any other statutory requirement and in the absence of any court warrant issued by a Magistrate?

Thank you

remsam

[jaguarsuk]

Yes, Section 17 of the Police and Criminal Evidence Act gives them powers to enter for the purposes of arrest for the following:

• to arrest a person for whom a warrant of arrest has been issued during criminal proceedings;
• to arrest a person for an indictable offence (ie, a serious offence which would be heard at Crown Court);
• to arrest a person for an offence under the Public Order Act 1936, s1 which states that it is prohibited to wear a uniform in a public place or at a public meeting signifying an association with a political organisation, without permission to do so;
• to arrest a person for an offence under the Public Order Act 1986, s 4 which prohibits anyone placing another in fear of violence;
• to arrest a person for using or threatening violence for the purposes of entering premises (Criminal Law Act 1977, s 6);
• to arrest a person who is a trespasser on the premises and who has failed to leave those premises after being asked to do so (Criminal Law Act 1977, s 7);
• to arrest a trespasser who has with him any weapon (Criminal Law Act 1977, s 8);
• to arrest a person who interferes with an officer of the court when they are trying to enforce a judgment (Criminal Law Act 1977, s 10);
• to arrest someone for failure to comply with an interim possession order (Criminal Justice and Public Order Act 1994, s 76);
• to arrest a child or young person who has been remanded or committed to local authority accommodation;
• recapturing a person, including a young offender, who has escaped from custody;
• recapturing a person unlawfully running who is being pursued;
• in an attempt to save a life or prevent injury to someone or serious damage to property.

If they enter for one of those purposes and then find items they believe to be evidence, they don't have to give further warning under code B to seize evidence.

Under Section 32 there are powers which the police have the authority to enter and search premises after an arrest.

I think you would have to give a more detailed description of what actually happened to allow true analysis of whether the Police have improperly searched as out of context it's kind of stabbing in the dark.