Legal Case Study

Legal Case Study

Two police officers found a stolen car parked in a street of terraced

houses and knocked on the nearest door to make enquiries. The door was

opened by Katy, aged 5, who allowed the police officers to enter. The

officers found the child’s mother in the living room and recognised

her as Karen, the wife of Mickey, a man with previous convictions for

theft and burglary. Karen told the police officers to leave. They

refused and searched the premises. One officer seized a computer which

he suspected as being stolen. The officers arrested Karen and detained

her in the living room to await Mickey’s return. When Mickey arrived

he began swearing at the officers, who used their batons to overpower

and arrest him. The couple were then taken to the police station and

questioned but were later released without charge.

Advise Karen and Mickey of the legality of the police actions.

First thing that needs to be addressed by Karen and Mickey is whether

or not the search of the premises was lawful. The search of premises

are governed by Code B, which states that “searches should be made at

the reasonable time, that only reasonable force should be used and

that the police should show consideration and courtesy towards the

property owner or the privacy of the occupier

Karen asked the police to leave the house but they refused and

continued to search the premises without a warrant, also this comes

from the common law in which to enter and remain on premises ‘ to deal

with or prevent a breach of peace’, in which is related on the Thomas

v Sawkins case. It is lawful for the police to enter and insist on

remaining in a hall where a policital meeting was taking place,

because of their past experience of such meetings gave them reasonable

grounds to apprehend a breach of peace. This common law power shows

that the police were lawfully on the premises.

Once the police are lawfully on premises, under s.19 of PACE ‘they may