Key Cases on Police Entry and Search

The law governing police entry to premises has been shaped by a number of important cases that define the scope and limits of statutory entry powers.

O'Loughlin v Chief Constable of Essex [1998] 1 WLR 374 (Court of Appeal) addressed the use of section 17(1)(e) of PACE, the power to enter premises to save life or limb. The court held that this power is not restricted to cases where the officer has information suggesting a person is in danger inside the premises. It can be used where, for example, an officer hears screams or sounds of disturbance. However, the officer must have a genuine belief that someone inside needs immediate help, and the entry must be for that purpose.

R v Longman [1988] 1 WLR 619 concerned the execution of a search warrant. The court held that a search warrant must be executed in accordance with the conditions stated on its face, and that evidence obtained during a search that exceeds the scope of the warrant may be excluded. Officers executing a warrant may only search for the articles specified and may not use the warrant as a pretext for a general search of the premises.

Jeffrey v Black [1978] QB 490 was an early case on entry by consent. The court held that consent to enter must be genuine and informed: entry obtained by deception or without the occupier understanding that they are free to refuse may be treated as unlawful. If entry is by consent, the occupier may withdraw consent at any time and require the officers to leave.

Baker v Crown Prosecution Service [2009] EWHC 299 (Admin) clarified the meaning of "premises" for the purposes of PACE section 18 (search after arrest). The court held that the power to search premises "occupied or controlled by" the arrested person extends to premises of which they are a joint occupier or over which they have a degree of control, but does not extend to the private rooms of other persons who share the address.

The use of reasonable force to enter premises is permitted where entry is lawful, but the force used must be proportionate. Officers executing a warrant are encouraged by College of Policing guidance to attempt entry by knocking and announcing their presence before forcing entry, unless there is reason to believe that this would compromise the purpose of the search or put officers at risk.