Law0 min ago
police powers to search home
6 Answers
ive been silly been convicted of thieft crime, now i get day to day calls, or when a local crime is commited, they check on my were abouts ect,can the police search my home again on grounds that might have commited a crime, how do i stand on this do they need a search warrant please let me know my family, think i am about to be a fall guy for unsolved crimes.
Answers
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For more on marking an answer as the "Best Answer", please visit our FAQ.Except in very limited cases - such as suspicion of terrorism - the police cannot search your home without a warrant if you do not consent.
A magistrate has a general power to issue a search warrant against your home if he or she reasonably believes that (i) a `serious arrestable offence' has been committed; and (ii) evidence relevant to the investigation of that offence is likely to be found there; and (iii) there is no other way to gain access except with a warrant.
Minor theft is not a serious arrestable offence. However, the police can tell the magistrate they believe stolen property of considerable value is in your home.
So, all in all, the police must have a warrant to search your home. A warrant is easily obtained.
I suggest you keep a written record of every phone call and visit you get from the police. You may have grounds of complaint for police harassment.
A magistrate has a general power to issue a search warrant against your home if he or she reasonably believes that (i) a `serious arrestable offence' has been committed; and (ii) evidence relevant to the investigation of that offence is likely to be found there; and (iii) there is no other way to gain access except with a warrant.
Minor theft is not a serious arrestable offence. However, the police can tell the magistrate they believe stolen property of considerable value is in your home.
So, all in all, the police must have a warrant to search your home. A warrant is easily obtained.
I suggest you keep a written record of every phone call and visit you get from the police. You may have grounds of complaint for police harassment.
Steve, do as Eth says....
Stevie, you have been a silly boy and you are going to have to put up with a certain amount of checking.
One of my neighbours was raided weekly for about four weeks for firearms - and he wasnt really able to say, he hadnt touched a gun...
And Eth.....one of my other neighbours son was arrested for theft and shop-lifting. He was carted away, and then they wanted to search the house a few hours later
are they allowed to do that ?
I sort of scratched my head over that one.....
PP
Stevie, you have been a silly boy and you are going to have to put up with a certain amount of checking.
One of my neighbours was raided weekly for about four weeks for firearms - and he wasnt really able to say, he hadnt touched a gun...
And Eth.....one of my other neighbours son was arrested for theft and shop-lifting. He was carted away, and then they wanted to search the house a few hours later
are they allowed to do that ?
I sort of scratched my head over that one.....
PP
Just to add a little
As Ethel rightly says if the police merely have suspicions they can apply for a warrant.
If however someone is arrested on suspicion of theft or other offences then an Inspector or above can authorise the search of the detained persons premises without the need to apply for a warrant
As Ethel rightly says if the police merely have suspicions they can apply for a warrant.
If however someone is arrested on suspicion of theft or other offences then an Inspector or above can authorise the search of the detained persons premises without the need to apply for a warrant
am being a pednt - but just they scrapped the notion of serious arrestable offences - it is now indictable offences- as in capable of being tried on indictment. this is all but very minor offences,.
also police cna and do use their power under s18 of the police and criminal evidence act to serach people's houses when they think necessary when someone arrested and that is their home very generally said that is.
also police cna and do use their power under s18 of the police and criminal evidence act to serach people's houses when they think necessary when someone arrested and that is their home very generally said that is.
Thanks Eth. The neighbour's lad is bit 'simple' and 'easily led'- using oldspeak, I am aged about 120 - and we are all in a
'what's he done now ?' situation.
and he says, I didnt do narfin', honest
and everyne knows he's lying because it has happened before. Being sucked into strangeways, we think.
PP
'what's he done now ?' situation.
and he says, I didnt do narfin', honest
and everyne knows he's lying because it has happened before. Being sucked into strangeways, we think.
PP