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12 votes
Accepted

What provision commonly allows police to enter one’s home following one’s arrest to search for stolen property?

england-and-wales There are several possible ways that search powers can arise, with or without a warrant. If it is a case of "stealing things" then the Theft Act 1968, s.26 lets a justice ...
alexg's user avatar
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11 votes

What provision commonly allows police to enter one’s home following one’s arrest to search for stolen property?

canada A post-arrest search of a home for related evidence would normally be justified by a search warrant as provided by s. 487 of the Criminal Code. For an example, see R. v. Lichtenwald, 2018 SKQB ...
Jen's user avatar
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7 votes

When can police arrest you for your own safety?

The Police and Criminal Evidence Act 1984 - Part III - Section 24 states : (4)But the power of summary arrest conferred by subsection (1), (2) or (3) is exercisable only if the constable has ...
Nicolas Formichella's user avatar
6 votes
Accepted

What are the cross-jurisdictional effects of British police powers?

Within the united-kingdom there are england-and-wales, scotland and northern-ireland. Broadly speaking: A police officer from one country can cross a border into another country to execute an arrest ...
Lag's user avatar
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3 votes

Who has the right to authorise a private police force?

FRP is not a private police - they are created by congress. The Federal Reserve Bank is not just a private organisation: it's also a governmental agency and as such some parts (mainly the Board of ...
Trish's user avatar
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3 votes

Is it generally legally allowed for UK police to lie to people in the regular course of discharging their policing duties?

It seems to not be allowed for a UK police to lie. The Police and Criminal Evidence Act 1984 makes it illegal for the police to mislead a suspect in order to make them believe that the police have ...
Daxelarne's user avatar
3 votes

Can you be “protectively” arrested to prevent a feared breach of the peace against you?

This is similar to the facts of Redmond-Bate v DPP [1999] EWHC 733 (Admin). The claimant was arrested for breach of the peace, and later convicted of obstructing a police officer. She had been ...
alexg's user avatar
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3 votes
Accepted

When is it legal to infiltrate the existence of a person or group with undercover officers?

england-and-wales The legislative framework for Covert Human Intelligence Sources (CHIS), which includes undercover police officers, is at Surveillance and covert human intelligence sources, Part II ...
Lag's user avatar
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3 votes

When investigating a bogus report, can police enter a home?

Can the police enter the home? In most jurisdictions, yes. It would be totally contrary to the purpose of having a police force if they had to wait for the owner to show up. Courts will decide after ...
o.m.'s user avatar
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1 vote

What offences invoke the enhanced pre-trial detention period for “terrorism offences“?

Let me allow to point to justice on that: What about terrorism cases? Anyone arrested under section 41 Terrorism Act 2000 is subject to a special regime for pre-charge detention under Schedule 8. ...
Trish's user avatar
  • 40.6k
1 vote

When investigating a bogus report, can police enter a home?

Let's spin a tale and look at the legality of it then: Alice is a sadist, and Bob is a masochist. They are in a consenting relationship. Their neighbor Charly knows nothing about this. He only sees ...
Trish's user avatar
  • 40.6k
1 vote

When investigating a bogus report, can police enter a home?

Many jurisdictions have the concept of emergency or exigent circumstances such that they allow the police to enter premises in scenarios like the one in the question, without having to comply with the ...
Lag's user avatar
  • 17.4k
1 vote

Who has the right to authorise a private police force?

Only governments can authorise police I'm using "police" here in a broad sense to refer to organisations that have policing power within their domain. This includes actual police forces, but ...
Dale M's user avatar
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