Search of Persons and Premises for Controlled Drugs

Misuse of Drugs Act 1971, s.23(2) and (3)

Warrant: No
Force: Yes
Notice: No

Gives a constable power under s.23(2) to stop, detain, and search any person whom the officer has reasonable grounds to suspect is in possession of a controlled drug. Under s.23(3), a magistrate may grant a warrant to enter and search premises for drugs, if need be by force. Note: s.23(1) is a separate power for entering premises of licensed producers/suppliers to inspect records.

Conditions

s.23(2): reasonable grounds to suspect person in possession of a controlled drug
s.23(3): production of a warrant from a magistrate based on sworn information
Warrant under s.23(3) requires reasonable grounds to suspect premises contain controlled drugs or documents relating to drugs transactions

Limitations

s.23(2) is the person search power; s.23(1) is a separate power to inspect records of licensed producers/suppliers
Warrant under s.23(3) is required for entry to premises without consent; force is authorised under s.23(3)
Cannot search for drugs under PACE s.1 (that requires relevant articles, not drugs specifically)

Last updated 24 September 2026