Rights And Commitments Of Police Officers Within The Search And Seizure Of Premises A Guide From Bivonas .pdf
Original filename: Rights And Commitments Of Police Officers Within The Search And Seizure Of Premises - A Guide From Bivonas.pdf
Title: Rights And Commitments Of Police Officers Within The Search And Seizure Of Premises - A Guide From Bivonas
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Rights And Commitments Of Police Officers Within The Search And
Seizure Of Premises - A Guide From Bivonas
The authorities have the legal right to locate a property and seize any items found within if they are
connected to a criminal offense; however they cannot do consequently without a warrant. Any search
which is executed in an unlawful method is in breach with the Human Rights Act, which protects the
right a criminal believe has to privacy. As a result, Bivonas says that police have to ensure any
attempts that they can make to search a property and seize the products found inside are essential
and abide by the law.
As previously mentioned, police must have a warrant if they wish to look for a property. The most
common form of warrant used in these types of circumstances is underneath section 8 with the PCEA
(Police and Legal Evidence Act). In order to obtain such a warrant, the police have to apply to the
Magistrates’ Court, which will give it provided you'll find reasonable grounds for thinking that there is
material facts inside the property that could be helpful to a felony investigation, and it is unrealistic to
try to get the evidence without having a warrant.
Bivonas experts say that there are certain circumstances in which police do not need to apply for a
warrant to enter into and search a property, and the guidelines regarding such situations are outlined
in the PCEA. They are able to do so if a warrant to get a suspect’s arrest has already been issued,
and the police have sensible grounds for believing that the suspect will be identified inside the
property, along with the crime they are considered to have committed will be sufficiently serious. In
addition, the police may not have to have a warrant if they should recapture a felony who has
escaped and might be inside the property, or if they think which entering the property would prevent
serious damage occurring to an personal.
As well the right to get into and search a property, the police also have the right to seize items,
provided the officer is already for the premises lawfully. As outlined by Bivonas, this means that if the
police officer has been either of course a warrant for the search, or has become given the consent
with the occupier, they can not only look for the premises, but also seize any appropriate evidence
found right now there.
Get more advice about Bivonas