Police Powers of Entry and Search of Premises - Coursework Example

? Police Powers of Entry and Search of Premises Insert (s) Police Powers of Entry and Search of Premises Section A: Annotated bibliography Books 1. Feldman, D. Civil Liberties and Human Rights in England & Wales. (Oxford, Oxford University Press 2002). This book critically discuses the various civil liberties and human rights in the United Kingdom as well as the cases where such liberties and rights may be legally breached. The author further argues that “the notion of privacy of individuals should not be allowed to entrench abuse, inequality or to entirely displace the interest of other members of the society”. 2. Stone, R. Entry, Search and Seizure (4rd Ed, London, Sweet & Maxwell 2005). Throughout his book, the author argues that police have the legal power to enter and search premises as a preventive justice depends on the circumstances under which the power is derived such as if the there is reasonable belief that there is a likely breach of peace and the police entry or search is going to prevent it. 3. Williams, D. Keeping the Peace: The Police and Public Order (London, Hutchinson 1997). According to this book, the law legally allows the police to have powers of entry and search of peace in order to keep peace and public order. The book further suggests that the law enforcement officer are however required to set a reasonable geographical area which should not be wider than the area necessary for the prevention of the anticipated breach of peace. 4. Fenwick, H. Civil Liberties, (1st Ed, London, Routledge Cavendish Publishing 1994). 5. Stephens, P. Commentaries on the law of England (21ed. Wellington, Carswell 1993) 6. Woody, R. Search and seizure: The Fourth Amendment for law enforcement officers. (Illinois, Charles C Thomas 2006). 7. Sharpe, S. Search and Surveillance: the movement from information to evidence. (De Montford, Ashgate 2000). 8. Kerrigan, K. Breach of the Peace and Binding Over (London, Cavendish Publishing 1997). Articles 1. Nicolson D and Reid K. “Arrest for Breach of Peace and the European Convention on Human Rights” [1996] Criminal Law Review764. This journal article suggests that although the police have powers to arrest, enter and search promises when there is a breach of peace, there are a number of privileged materials which are excluded from police warrant of search. Some of the privileged materials include records held by clergymen, doctors and voluntary organizations. 2. Royal Commission on Criminal Procedure. “The Investigation and Prosecution of Criminal Offences in England and Wales” [1981] The Law and Procedure Cmnd 8092-1 The report suggested that the police powers to enter and search are only confined to areas considered to be under immediate control of the suspect beyond which the law is unclear. 3. Goldstein, A. “The Search Warrant” The Magistrate and Judicial Review 1987” 62(6) New York University Law Review, 1173. This law review article argues that a police entry and search can be legally considered to be unlawful if there is no connection between the premises and the offence for which the search is being conducted. 4. Williams, G. “Dealing with Breaches and anticipated breaches of Peace” [1982] Justice of the Peace 199. 5. Cameron, E. “Rights, constitutionalism and the Rule of Law” (1997) 114 SALJ 504-508. Cases 1. Lamb vs. DPP [1990] Crim. L.R. 58 In the case, a woman had requested the company of a constable to a property where she had been previously living with the occupier. The occupier later ordered the police to leave the premises. It was ruled that the police had no license to the premise. 2. McLeod vs. Commissioner of Police for the Metropolis [1994] 4 All E.R. 553 The case involved recovery of property as part of a divorce settlement. Mrs. McLeod was given the custody of their matrimonial house and the police accompanied her divorced husband to collect his property which had remained in the house. The court ruled that the police were justified to enter the premises because there was reasonable anticipation of breach of peace. 3. R vs. Governor of Pentonville Prison, Ex p Osman [1990] 1 WLR 277. In the case, police using forged search warrant, entered and searched Osman’s premises. The courts objected the search on the grounds that the police no power to search and size documents in relation to crimes that were allegedly committed abroad. 4. Lord Denning MR in Ghani vs. Jones [1970] 1 QB 693 5. Jeffrey vs. Black [1978] QB 490 6. Funke vs. France (1993) 16 EHRR 297 7. R vs. Shayler [2002] 2 WLR 754, 782 8. McConnell vs. Chief Constable for Greater Manchester Police [1990] 1 All E.R. 423 9. McGowan vs. Chief Constable of Kingston upon Hull [1968] Crim. L.R. 34 10. Brutus vs. Cozens [1972] 2 All E.R. 1297, HL 11. Moss vs. McLachlan [1985] IRLR 76. 12. Thomas vs. Sawkins [1935] 2 K.B. 249 13. Redmond-Bate vs. DPP [1999] Crim. L.R. 998 14. Percy vs. DPP [1995] 1 W.L.R. 1382 15. Nicol and Selvanayagam vs. DPP [1996] 160 J.P. 155. 16.  Adair vs. McGarry, 1933 JC 72 17. Jeffrey vs. Black [1978] QB 490, 497C 18. Ghani vs. Jones [1970] 1 QB 693, 706 19. Chic Fashions (West Wales) Ltd vs. Jones [1968] 2 QB 299 20. Elias vs. Pasmore [1924] 2 KB 164 Section B Police Powers of Entry and Search of Premises According to Feldman 2002, “the police powers of entry and search of premises often arises once a breach of peace has occurred or is anticipated.” (p. 513). Generally there are a number of reasons that may be legally used to justify police powers to enter and conduct search on the premises of individuals. According to most statutes and laws, any search or entry of premises conducted outside the powers may render the evidence obtained to be inadmissible in a court trial. For example the police can only have the power to enter or search premises without warrant in the event that a dangerous or serious incident has taken place. Some of the situations include when the police are enforcing an arrest warrant, preventing a breach of peace, preventing damage to property or saving life and recapturing an individual who has escaped from custody among others (Stone, 2005, p.518). Read More