Home/Topics/Entry Search and Seizure
Evidence and Procedure

Entry Search and Seizure Practice Questions

Free NPPF Step 2 Entry Search and Seizure questions with full answers, for Sergeant and Inspector candidates.

25+ questions in the full bankType A format

About this topic

This topic covers searching premises with and without a warrant, searching with consent, and the powers to seize and retain property.

Expect questions on s.18 and s.32 PACE searches, Code B consent searches, and the general seizure power in s.19.

Key legislation and cases

  • Police and Criminal Evidence Act 1984, ss.8, 18, 19 and 32
  • PACE Code B

Worked examples

Try each question before opening the answer. Every option is explained, because the exam usually turns on why the near-miss answers are wrong.

Worked question 1 of 2Standard

DC Rudge wants to search the home of Dawes, who has agreed to allow officers to search for evidence of a fraud. Dawes has not been arrested and is under no legal obligation to allow the search. DC Rudge asks about the requirements under Code B before conducting the search. Which of the following most accurately states the legal position under Code B para 5?

  1. ADC Rudge may proceed with the search immediately - where the occupier consents, no further formalities are required before the search can begin.
  2. BDC Rudge must first obtain a search warrant even where the occupier consents - consent is not a valid basis for a search under Code B.
  3. CDC Rudge must caution Dawes and inform him that anything found may be used in evidence - failure to caution before a consent search renders any evidence inadmissible.
  4. DBefore searching with consent, DC Rudge must make reasonable enquiries to ensure Dawes is entitled to grant consent, tell Dawes he is not obliged to consent, and obtain and make a written record of his consent.
Show answer and explanation
Answer: D

Code B para 5 sets out the requirements for searches with consent. Before conducting a consent search, the officer must: (1) make reasonable enquiries to be satisfied the person consenting is entitled to grant entry to the premises; (2) tell the person they are not obliged to consent and the search can only go ahead if they do; and (3) obtain and make a written record of the consent. These steps ensure consent is genuine, informed, and properly documented. A caution is not required before a consent search.

PACE Code B para 5
Code B para 5.1: If it is proposed to search premises with the consent of a person entitled to grant entry the officer in charge must make sure the consent is given in writing on the Notice of Powers and Rights before the search begins. The officer must make enquiries to satisfy themselves that the person is in a position to give consent and must inform the person that they are not obliged to consent.
  • A: Where the occupier consents, a warrant is not required - but the Code B para 5 formalities must still be followed before the search begins. The officer cannot simply proceed without fulfilling the consent search requirements.
  • B: Consent is a valid basis for a search under Code B. A warrant is not required where genuine informed consent is given. Code B para 5 specifically governs consent searches.
  • C: A caution is not required before a consent search under Code B. The caution requirement arises when a person is to be interviewed under suspicion - it has no application to the execution of a consent search.
Worked question 2 of 2Standard

DC Allen is executing a s.8 PACE warrant to search for fraud documents. During the search she finds a large quantity of counterfeit currency not mentioned in the warrant. Which of the following most accurately states the legal position?

  1. ADC Allen may seize the counterfeit currency under s.19 PACE because she is lawfully on the premises and has reasonable grounds to believe it is evidence of an offence - but she must first inform the occupier that the seizure is under a separate power from the warrant before taking the items.
  2. BDC Allen must leave the counterfeit currency in place - the warrant authorises seizure only of items falling within its scope and s.19 cannot be used to seize items discovered during a warrant search.
  3. CDC Allen may seize the counterfeit currency under s.19 PACE because she is lawfully on the premises and has reasonable grounds to believe it is evidence of an offence - s.19 operates independently of the warrant and requires no additional notification or authorisation.
  4. DDC Allen may seize the counterfeit currency only if she first suspends the fraud search and notifies the magistrate who issued the original warrant that additional items have been found.
Show answer and explanation
Answer: C

Section 19 PACE 1984 provides a general seizure power for any constable lawfully on premises. DC Allen is lawfully present under the s.8 warrant. The counterfeit currency is evidence of an offence. Section 19 operates independently of the warrant - items not specified in the warrant can still be seized under s.19. No additional notification or authorisation is required. Options A and C are structurally close - A adds an invented requirement to notify the occupier that the seizure is under a separate power.

s.19 PACE 1984
s.19(3) PACE 1984: A constable who is lawfully on any premises may seize anything which is on the premises if the constable has reasonable grounds for believing that it is evidence of an offence and that it is necessary to seize it in order to prevent it being concealed, lost, damaged, altered or destroyed.
  • A: Option A correctly identifies s.19 and the conditions but adds an invented notification requirement. Code B imposes no specific obligation to inform the occupier mid-search that a particular item is being seized under a different power from the warrant.
  • B: Section 19 does operate alongside a warrant search. Being lawfully present under a warrant is precisely the kind of lawful presence that grounds s.19.
  • D: There is no requirement to suspend the search or notify the magistrate before seizing items under s.19. The power is self-contained and exercisable on the spot.

Practise every Entry Search and Seizure question

The full bank has 25+ questions on Entry Search and Seizure and over 1,100 across the whole syllabus, each with the statute and an explanation for every option. £29 for 6 months.

Get full accessTry 5 free questions
More Evidence and Procedure topics
PACE Code C65+ questions in the bankPACE Code D15+ questions in the bankPowers of Arrest25+ questions in the bankStop and Search25+ questions in the bankBail25+ questions in the bankWarrants20+ questions in the bankConfession Evidence20+ questions in the bankHearsay15+ questions in the bankBad Character15+ questions in the bankDisclosure15+ questions in the bankCourt Procedure20+ questions in the bankIdentification Evidence20+ questions in the bankInterviews15+ questions in the bank