Searching laws in the UK?

Question

I recently saw a production by flexyourrights.org which outlined citizens rights on police searches. I was wondering if the US searching laws are the same as the UK ones, where you can deny a search if they don't have a warrant? thanks.

Answer 1

For the benefit of the US answerers to this, the question is not factually correct. You cannot 'deny a search' if they don't have a warrant in the UK. As a previous answerer states there are circumstances (largely following an arrest) that a premises can be searched without a warrant. Section 18 searches require only the authorisation of a Police Inspector. Section 32s can be done at the time of arrest.

Answer 2

That varies according to whether you mean personal searches or property seacrhes but I think you mean property.

Under the Police and Criminal Evidence Act police officers can search a person if they have reasonable grounds to do so but it can only be a minimal search meaning removal of a coat or jacket and gloves and searching a bag, they have to tell you why they're searching you and if they're in plain clothes they have to show identity otherwise the search may be unlawful. Also the search must be conducted quickly and with minimum disruption.

As for property searches an officer can search without a warrant if he has reasonable grounds but the occupier can demand a warrant unless the officer thinks that there is a danger of evidence being lost or destroyed in the intervening period.

So effectively the same applies for UK and US law unless there are exceptional circumstances, I think there are more under the terrorism Act but those I'm not certain of. Hope this has helped

Answer 3

in the US I believe it is the fourth amendment to the constitution that forbids unlawful search and seizure without a warrant, probable cause, lawful arrest or exigent circumstances.

Under UK law a police officer may only search your person on reasonable suspicion that you have unlawful items on your person, or if they suspect that you have committed a crime or were about to committ a crime. Property searches may only be carried out with a warrant, if an officer has reason to fear for the life of a person in the property, if they are in hot pursuit of a suspect and see them enter a property, or if they have an arrest warrant for a person and suspect they are in a property. The only other exceptions to this rule are suspicion of terrorism or when a person is under arrest for a very serious crime and the search is under way to secure evidence or to recover such items as firearms. A notable example of this is when the home of Derek Bentley was searched for firearms following the murder of PC Sidney Miles in London in the 1950's

Answer 4

your question heading is searching laws in the UK but in fact your question is about US law its misleading  

Answer 5

Not quite sure about the programme but if you are writing about property searches  then the 2 main ones without a warrant are:

SEC 32 which is if you are arrested near to or at the property then it can be searched.

SEC 18 which is auth by an Insp after arrest, neither can be stopped by the suspect.

You can deny one if they ask for a voluntary search, this is not carried out much and its always best to use a lawful power.

I love the US ones where a copper knocks the judge out of bed at 3 AM for a warrant,Id love to do that to some of our useless judges!