PC Denton arrests Fletcher at his home address for robbery. PC Denton wants to search the premises immediately following the arrest. Which of the following correctly states the power available at the point of arrest?
- APC Denton may search the whole premises under s.32 PACE 1984 for evidence relating to the offence for which Fletcher was arrested - no further authority is required
- BPC Denton may search the whole premises under s.32 PACE 1984 but only with the written authority of an inspector obtained before the search begins
- CPC Denton may search under s.32 PACE 1984 only the premises where Fletcher was arrested and only to the extent reasonably required to find evidence relating to the offence or items that could be used to facilitate escape
- DPC Denton has no power to search under s.32 PACE 1984 as that power only applies where the arrest is made away from the suspect's home address - a s.18 search with inspector authority is required at a home address
Show answer and explanation
s.32 PACE 1984 gives a constable the power to enter and search premises in which the person was when arrested for evidence relating to the offence or items that could assist escape. No prior authority from any rank is required. However the power is limited in scope - the search may only extend to the extent reasonably required to find what is sought. It does not authorise a wholesale search of every room. s.18 is the separate power to search other premises occupied by the arrested person and requires inspector authority.
- A: s.32 does not authorise a search of the whole premises. The search is limited to the extent reasonably required to find what is sought.
- B: s.32 does not require inspector authority or any prior written authorisation. It is exercisable by a constable on their own authority at the point of arrest. Inspector authority is a requirement of the separate s.18 power.
- D: s.32 applies to premises where the arrest was made regardless of whether it is the suspect's home address. There is no restriction limiting s.32 to arrests made away from home. Both s.32 and s.18 may be relevant at a home address.