Right to refuse Police entry..

[spooky3 10]

Hi,

 

I had a visit from Sheffield CID yesterday. I've never met anyone so rude and dictatorial in my life. Not actually wanting to cause trouble and put in an official complaint I decided to find out what my actual rights are.

 

(p.s. No i'm in no trouble what-so-ever)

 

From reading Code B of PACE (Police and Criminal Evidence Act 1984), to me it appears that the Police do NOT have the right to enter my property without either first arresting me, or being in possession of a warrant, (discounting new terrorism amendments (not really applicable anyway)).

 

However, not knowing my rights, when the officer used his foot to block me from closing the door and told me to let them in, I did so dutifully.

 

Can anyone confirm and / or expand on this please.

 

 

 

Somewhat slightly related for those interested on brushing up on their rights, you may also like to read Human Rights Act 1998.

[melthebell 863]

its probably changed since 1984 / 1998 with all the "terrorism" stuff of the past few years

[Conrod 10]

I'm fairly sure that they don't need a warrant if they have good reason to believe that a crime is being committed or has been committed and they need to apprehend somebody taking refuge in the house.

[Twiglet 10]

Citizens Advice Bureau: http://www.adviceguide.org.uk/index/your_rights/legal_system/police_powers.htm#Powersofentry

 

Scroll down to 'Powers of Entry' for the circumstances under which they can enter without a warrant.

[spooky3 10]

@melthebell -> There the current acts.

 

@Conrad -> a) That definitely applies in a stop and search situation, but not so sure in a property case (even though I know what you mean), and in my case no crime was 'supposedly' taking, it had supposedly already taken place elsewhere, b) If it's not their property then yes they can, otherwise it doesn't appear so.

[Pidgeon 10]

You been putting envelopes with plastic windows in the wrong recycling box?

 

You ecco terrorist.

[spooky3 10]

Thankyou Twiglet, just what i've been looking for, clearly stated in common language.

 

So in my case yesterday, no they had no right to enter!

 

p.s. They (well one of them, not that the other interjected) put Gene Hunt to shame (ref. Gene Hunt).

[Conrod 10]

@Conrad -> a) That definitely applies in a stop and search situation, but not so sure in a property case (even though I know what you mean), and in my case no crime was 'supposedly' taking, it had supposedly already taken place elsewhere, b) If it's not their property then yes they can, otherwise it doesn't appear so.

One case described to me was somebody drink driving then running into the house and locking Police out - they can break in to arrest.

 

If they just want to talk to you about some other matter or as a witness, I'm reasonably sure you can just shut the door.

[spooky3 10]

You been putting envelopes with plastic windows in the wrong recycling box?

 

You ecco terrorist.

 

I used to until an old girlfriend told me off for it a few years ago... LOL

But as me an' me Dad have always said, surely even a simple paper recycling process would be able to remove such containments(?).