Searches of Property
Written in plain language for general understanding. This is educational content, not legal advice. Based on UK Acts of Parliament, statutory instruments, and official guidance.
UK National Law
What is this right?
The police cannot simply walk into your home. In most cases, they need a warrant issued by a magistrate. However, there are exceptions.
Police can enter without a warrant to:
- Arrest someone with a warrant for their arrest (s.17)
- Save life or limb, or prevent serious damage to property
- Deal with a breach of the peace
- Recapture someone unlawfully at large
- Search after arrest (s.32) — the premises where you were immediately before arrest
- Search occupied premises of an arrested person (s.18) — for evidence related to the offence
A search warrant (s.8) must specify what is being searched for and which premises. Officers must show you the warrant.
When does it apply?
- Warrants must be executed at a reasonable hour, unless the officer believes this would frustrate the purpose of the search.
- Officers must identify themselves and show the warrant before entering (unless impractical).
- Certain items are legally privileged and cannot be seized — communications between you and your lawyer, for example.
- The police must leave premises secured after the search — they can't leave your door broken and open.
What should you do?
- Ask to see the warrant — check the address, the date (warrants usually expire after 3 months), and what the police are looking for.
- Ask for a copy of the warrant to keep.
- You can have a friend or neighbour present as a witness during the search.
- The police must provide a record of items seized. Get a copy.
- If you believe the search was unlawful, don't obstruct the officers at the time — complain afterwards through the IOPC or seek legal advice.
What should you NOT do?
- Don't physically block the police — obstructing a constable is a criminal offence. Cooperate and complain later.
- Don't destroy or hide evidence — this can lead to serious charges for perverting the course of justice.
- Don't let police in without a warrant unless they cite a lawful power — you are not obliged to consent to a search of your home.
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