Home > yourrights > the rights of suspects/police powers to search premises > police powers to search premises
> Conduct of search of premises
Conduct of search of premises
The conduct of searches is governed by PACE and Code B. A search warrant may authorise anyone to accompany the constable who is executing it. Such persons have the same powers as the police, but they can only exercise them in the company, and under the supervision, of the police. Entry and search must be within one month from the date of the warrant's issue. You have a right to see the warrant and to be supplied with a copy. You also have a right, unless it is impracticable, to Notice of Rights and Powers, setting out police powers and occupiers' rights.
You are also entitled to see the police officer's warrant card as a means of identification if he or she is not in uniform and in any case, the police officer should identify him or herself. If you are not present but someone else who appears to the police to be in charge of the premises is available, then they have the same rights as you.
A warrant authorises entry on one occasion only. The search should only be to the extent necessary to achieve its objective and should end as soon as the objects being searched for have been found. Similarly, once the officer in charge of the search is satisfied that whatever is being sought is not on the premises, the search should end.
The police have a right to use force if necessary to affect an entry or search, but only such force as is reasonable. All searches should take place at a reasonable hour, unless the constable conducting the search believes that waiting until such time would frustrate the purpose of the search. You are entitled to have a friend or neighbour witness a search unless the officer in charge has reasonable grounds for feeling this would seriously hinder the investigation. You do not have a right to delay a search unreasonably while you find a witness.
The warrant must be endorsed afterwards by the police to show the following:
You are also entitled to see the police officer's warrant card as a means of identification if he or she is not in uniform and in any case, the police officer should identify him or herself. If you are not present but someone else who appears to the police to be in charge of the premises is available, then they have the same rights as you.
A warrant authorises entry on one occasion only. The search should only be to the extent necessary to achieve its objective and should end as soon as the objects being searched for have been found. Similarly, once the officer in charge of the search is satisfied that whatever is being sought is not on the premises, the search should end.
The police have a right to use force if necessary to affect an entry or search, but only such force as is reasonable. All searches should take place at a reasonable hour, unless the constable conducting the search believes that waiting until such time would frustrate the purpose of the search. You are entitled to have a friend or neighbour witness a search unless the officer in charge has reasonable grounds for feeling this would seriously hinder the investigation. You do not have a right to delay a search unreasonably while you find a witness.
The warrant must be endorsed afterwards by the police to show the following:
- Whether articles or persons specified in the warrant were found.
- Whether any other articles were seized.
- The date and time of the search's execution.
- The names of the officers who executed it, except where the investigations are linked to terrorism in which case warrant numbers and duty stations should be shown.
- Whether a copy of the warrant, together with a notice of powers and rights, was handed to the occupier or left at the premises.
