Policing.uk
Warrant search vs consent search
Search by warrant versus Search with consent
Police may enter and search premises either under the authority of a warrant issued by a magistrate or with the occupier's consent. The legal basis, scope, and rights of the occupier differ significantly between the two.
Side by side
| Search by warrant | Search with consent | |
|---|---|---|
| Legal basis | Section 8 PACE 1984 (general warrant for evidence of indictable offences) or specific statutory powers (e.g. Misuse of Drugs Act 1971 s.23, Theft Act 1968 s.26, Firearms Act 1968 s.46) | PACE Code B paragraph 5.1: a search may be conducted with the informed consent of the occupier. No statutory warrant or power is required |
| Documentation | The officer must produce the warrant and provide a copy to the occupier. The warrant specifies the premises, the articles sought, and the authority under which it was issued | The officer must obtain consent in writing if practicable. The occupier must be told they are not obliged to consent and that anything found may be used in evidence |
| Scope | Limited to the premises and articles specified in the warrant. Officers may search only to the extent necessary to find what the warrant authorises | Limited to the scope of the consent given. The occupier may withdraw consent at any time and restrict the areas to be searched |
| Use of force | Reasonable force may be used to enter and search the premises under section 117 PACE. Forced entry is common where evidence may be destroyed | Force cannot be used. If the occupier refuses or withdraws consent, the officers must leave. They may then seek a warrant if appropriate |
| Occupier rights | The occupier may request to see the warrant, receive a copy, and be present during the search. They may ask the officer to identify the authority and scope | The occupier may refuse consent, withdraw consent at any time, limit the areas searched, and require the officers to leave immediately |
| Seizure powers | Officers may seize and retain anything authorised by the warrant and, under section 19 PACE, anything they have reasonable grounds to believe is evidence of any offence | Seizure powers under section 19 PACE apply during a lawful search with consent. If consent is withdrawn, officers may seize items already found but must stop searching |
| Challenge procedure | The occupier may challenge the warrant by judicial review or by applying to have the warrant quashed. Evidence obtained under an unlawful warrant may be excluded under section 78 PACE | If consent was obtained improperly (e.g. by deception, coercion, or failure to inform the occupier of their right to refuse), any evidence found may be excluded under section 78 PACE |
| Supervision | Warrant execution is governed by PACE Code B paragraphs 6.1 to 6.15. A record of the search must be made and retained | PACE Code B paragraph 5 governs consent searches. Officers must record the search. A senior officer should authorise the search where practicable |
Which applies
Officers should consider whether a warrant is more appropriate than a consent search, even where consent may be forthcoming. Consent can be withdrawn at any moment, potentially compromising the search. If there is a risk that evidence will be destroyed, a warrant with forced entry is the safer legal route. Occupiers should be aware that they are never obliged to consent to a police search of their home.
Last updated 24 September 2026