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Entry onto premises - although the police do
not have an automatic right to enter private premises, there are a number
of situations and circumstances where they can lawfully enter;
- with the consent of the occupier;
- with a search warrant;
- to arrest a person or persons for an "arrestable offence".This includes
the possession of controlled drugs provided that the police officer
reasonably believes that the person(s) they wish to arrest is on the
premises;
- on and immediately following arrest to search premises that the person
was in when arrested or immediately before the arrest and to search
for evidence relating to the offence.
In any of these situations, the police should identify themselves, give
the reason for the search and seek permission to enter unless they believe
that this would frustrate the purpose of the search - in which case they
can use reasonable force to gain entry. The police should conduct their
search around what they say they are searching for. When the police are
lawfully on premises they can seize anything which is considered to be evidence
of an offence and, where seizure is necessary, to prevent it being concealed
or destroyed.
The police have the power to 'stop and search' in respect
to a person suspected to be in possession of controlled drugs. That person
suspected must give their details when asked.
The police can search a person after arrest, or if the person agrees to
be searched.
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