Search Warrants

What is a search warrant?


A search warrant is a document issued by a magistrate or judge to a police officer or other investigator, granting legal authority to enter premises or vehicles and search for specific items relevant to an investigation.


A warrant is a very intrusive method of obtaining relevant specific items and does interfere with an individual’s right to privacy. Where a warrant is granted, it must be executed in accordance with the terms set out in the warrant and within the law, failure to do so may result in: 


  • the search being unlawful
  • Evidence potentially being declared inadmissible in court
  • Legally liability for the police


The most common power used to obtain a search warrant in cases involving sexual offences is under section 8 of the Police and Criminal Evidence Act (1984). The police may arrive at a property to search for and seize, electronic devices, recording equipment, or clothing.

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Is a search warrant necessary? 


There are a number of powers given to the police by the Police and Criminal Evidence Act 1984 (PACE) which do not require a warrant, therefore it is not always necessary for the police to obtain a warrant from the court, examples of these powers include:


Section 17 PACE gives the officer the power to arrest a person on any premises, to save life and limb or prevent serious damage to property.


Section 32 PACE provides the power to search an arrested person in circumstances where the person has been arrested at a place other than a police station. If the offence is indictable (capable of being tried in the Crown Court), the officer has the power to enter and search any premises that the suspect was in at the time of their arrest, or immediately before arrest, for evidence that may be relevant to the investigation.


Section 18 PACE allows police to enter and search the premises occupied or controlled by a suspect who has been arrested for an indictable offence. This search must be authorised in writing by an officer of inspector rank or above.

What must the police do when they execute a Search Warrant?


When a police officer executes a warrant they must:


  • Identify themselves to the occupier of the property, and if not in uniform, must produce documentary evidence to show they are a police officer
  • Produce the warrant to the occupier
  • Supply a copy of the warrant to the occupier.


Where the occupier of the premises is not present at the time an officer wants to execute the warrant, but some other person who appears to the officer to be in charge of the premises is present, then the above applies the same. 

Does a search warrant expire?

A search warrant must be executed within three calendar months from the date of its issue. 


Has a search warrant been executed at your property?

If officers have attended your home and you believe that their search and seizure of your property has been carried out unlawfully, our lawyers can provide advice to you and establish whether or not there are grounds to have evidence excluded. Or, if you are concerned about the items taken and you want to discuss the potential outcomes our lawyers are here to help and support you. Contact us   today for free and confidential advice.


With EventumLegal, you gain more than just legal representation; you gain a partner who is committed to protecting your rights, your reputation and your future.

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