have the police got the orthority to enter your property with your house key?

Question

my sisters son is always in trouble with the police even tho hes 21 anyway other day police were in her house on their own without permision searching house with a key they had kept from her son this key they did not know the police had taken and kept when my sister came home and found police in her house searching she went mad at them and police said they had the right to enter house cos they had a warrant is this true ? what about your human rights to privacy

Answer 1

Even with a warrant the police should ask the permission of the householder (your sister) before entering. They should also seek entry at a reasonable time. They should not be entering the house illicitly in this way, as it is your sister's home and her son is only a licensee, i.e. someone whom she allows to live there. He is no longer her dependant, so that is his position. The purpose of the warrant is to make it clear that if, having sought admission, the householder is not willing to admit them, they will then proceed to use force. What they did was outrageous and in breach of the code of conduct in the Police and Criminal Evidence Act (PACE) and she would be justified in making a complaint against them.

Answer 2

It seems they can - I found the following on the 'net (although it doesn't cover the aspect of keeping that key):-

the police must have a search warrant before they can enter the premises. They should enter property at a reasonable hour unless this would frustrate their search. When the occupier is present, the police must ask for permission to search the property – again, unless it would frustrate the search to do this.

When they are carrying out a search police officers must:-

identify themselves and - if they are not in uniform - show their warrant card; and
explain why they want to search, the rights of the occupier and whether the search is made with a search warrant or not.

If the police have a warrant they can force entry if:-

the occupier has refused entry; or
it is impossible to communicate with the occupier; or
the occupier is absent; or
the premises are unoccupied; or
they have reasonable grounds for believing that if they do not force entry it would hinder the search, or someone would be placed in danger.

Answer 3

If they had a search warrant, they had a right to search the house. You should ask to see the warrant to see what exactly they were allowed to be searching. For example, they may not have been able to search your sister's bedroom depending on the terms of the warrant.

You have a right to privacy, which is why the police must apply to the court for a warrant instead of just entering your home without one. They balance your right of privacy against the needs of the state in doing an investigation.

Answer 4

First of all the need a warrant to search the house second of all it is stealing if they took the guys keys from him, they pretty much stoll the key from a guy and went into your sisters house without her knoweledge or without a search warrant they can get into so much trouble i would definatly make a complaint the next time it happens ask for the search warrant.

Answer 5

The Police have to get a search warrant and cant enter alone because you can argue that they have plated evidence to convict the person they are no allowed to keep keys without authorisation.

Answer 6

As long as they had, and produced a warrant, then it is legal. Howver, I am unsure whether they can enter the property without the owner/ tenant being present. Thy can do this in order to protect life and to prevent a crime, without a warrant. Even with a warrant I think they are on shaky ground using a key and entering without the peron's knowledge, rather than permission.

Answer 7

human rights to privacy are null and void when the police present their case to a judge for approval of a warrant. did they show her the warrant? she knows she's entitled to a copy right? if the police were in her house searching and were not able to present a valid warrant for her to view-then in that type of case she has every right to litterally kick them out of her house. with no warrant they cannot enter her house. if they had no warrant outlining what they were searching for she should contact internal affairs to file a complaint.

Answer 8

i,m affraid to say if the police had a warrant then there is not much your sister can do about it if they didnt have a key they would have just broke the door down...... may i suggest your sister take the road od tough love and show her son the door.
if he has not grown out of this behaviour by now it might take a bit of a reality check to get him inline

Answer 9

Seems a bit out of order if hes done nothing wrong. Police don't just search houses for the sake of it. Drugs? Stolen property?Though I think you should be more concerned about your nephew, sort him out, then no police will come round eh? What about the human rights of everyone else in the community, including of course your sister. What about her safety, who else might come round the house? Think about it

Answer 10

Isn't it better that they use the key rather than batter down the door. At least there's no mess to clear up!
Anyway we practically live in a police state and they can do what the hell they like.