Donate SIGN UP

searching my house

Avatar Image
l020577 | 17:39 Tue 18th Mar 2008 | Criminal
5 Answers
hi i reclently had the police round with a search warrant to search for stolen goods,they arrested me and took me to the cells,then they spent a hour in my house searching,they took a few items away,but i have relized that �80 has gone missing from my sons room and they have not wrote that down on the list of things they took,it could only have been the police as my son didnt even know it was there and he is only 10.no one else has been in my house,also are they allowed to search without me there
Gravatar

Answers

1 to 5 of 5rss feed

Best Answer

No best answer has yet been selected by l020577. Once a best answer has been selected, it will be shown here.

For more on marking an answer as the "Best Answer", please visit our FAQ.
I think missing money is the least of your worries. How do you know your son didn;t find it? It is your word against theirs, you are never going to win.

And yes, they can search without you present:

Search of premises on arrest
PACE provides the police with clear authority to enter and search premises after an arrest. If you have been arrested for an arrestable offence, the police may search premises occupied or controlled by you for evidence of that offence or of some other arrestable offence connected with or similar to that offence. The police do not, however, have power to enter and search after executing an arrest warrant in extradition proceedings. The police officer conducting this search should normally have with him or her written authorisation on the Notice of Powers and Rights for the search by an officer of at least the rank of inspector.

If you have been arrested for any offence, not just an arrestable offence, the police may enter and search any premises you were in at the time of the arrest or immediately before it for evidence of the offence for which you were arrested. Again, in both cases the police are only permitted to search to the extent reasonably required to find the evidence sought and if the search is excessive, you may have the remedy of a police complaint or a civil action against the police.

Are they allowed to search without you there?

Thanksfully yeas - why is it that you criminals always look for some pathetic get out clause? I hope they lock you up and throw away the key.
-- answer removed --
Thats a bit harsh considering you dont even know this person!! grow up will you!!!

If the police are searching your homw they do have to have either you there or a friend or relative of yours, i know this as my friends brother is a police officer and told this to one of our friends when they searched her house..
You need to go to citizens advice and talk to a solictor to see where you stand.. when they take something from a home, the police have to write it down and you have to sign next to everything to show you agree it was taken!

Whats happend since about the money? have you mentioned it to the police or anyone else??

The police will have powers to search on this occasion either under section 32 of PACE when you were arrested, or under section 18 of PACE while you were in custody.

I think the question of you alleging you have hidden money in your son's room may bring up some questions though.

1 to 5 of 5rss feed

Do you know the answer?

searching my house

Answer Question >>