Lawful Justifications for Entry, Search and Seizure (From Civil Actions Against the Police, P 203-243, 1987, Richard Clayton and Hugh Tomlinson -- See NCJ-120296)

• NCJ Number: 120301
• Author(s): R Clayton; H Tomlinson
• Date Published: 1987
• Length: 41 pages
• Sale Source: Sweet and Maxwell
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: United Kingdom

Annotation

The British common law and statutes that permit police to enter premises and seize goods are discussed.

Abstract

Police powers are categorized as common law, without warrant, and with warrant and have been partially codified by the Police and Criminal Evidence Act 1984. Entry and search and seizure under the 1984 Act are discussed, as are police powers granted by other statutes. The relationship between common law and statutory powers of seizure is detailed, along with police responsibilities for the retention, access to, and copying of lawfully seized goods. The procedures authorized by the 1984 Act for applying for and executing warrants are discussed and possible actions against police in warrant cases are identified. The types of material that police may wish to search for and seize are identified as (1) items subject to legal privilege; (2) excluded material such as personal records acquired or created in the course of a trade or business; (3) special procedure material including journalistic material; and (4) other material not falling into the first three categories. Procedures for challenging search warrants are discussed, along with police powers to stop and search motor vehicles. 94 footnotes.