There is no residual common law power of entry for police to enter into premises to execute a search without first obtaining a warrant, beyond that contained in the Act. The Act was intended to provide a complete statement of the powers of entry for the purpose identified by the section, namely searching a property after the arrest of a suspect without a warrant. Reasonable cause for suspicion was required to allow a search.
Judges:
Lord Justice Brooke and Mr Justice Harrison
Citations:
Times 25-Oct-2001, [2001] EWHC Admin 576
Links:
Statutes:
Police and Criminal Evidence Act 1984 18
Jurisdiction:
England and Wales
Citing:
Considered – Regina v Governor of Pentonville Prison, Ex Parte Osman QBD 30-Mar-1988
The applicant had been committed to prison pending extradition proceedings brought by Hong Kong alleging substantial fraud. He challenged the committal on the grounds that since the allegations involved transmission of funds over international . .
Appealed to – Regina v Commissioner of Police for The Metropolis, ex parte Rottman HL 16-May-2002
The defendant had been arrested under an extradition warrant issued under the Act. The police had searched his premises, and found further evidence which was used to support the application for extradition. He challenged the collection and admission . .
Cited by:
Appeal from – Regina v Commissioner of Police for The Metropolis, ex parte Rottman HL 16-May-2002
The defendant had been arrested under an extradition warrant issued under the Act. The police had searched his premises, and found further evidence which was used to support the application for extradition. He challenged the collection and admission . .
Lists of cited by and citing cases may be incomplete.
Police
Updated: 29 May 2022; Ref: scu.140356
