Chapter

Making a search

Lord Denning

in The Due Process of Law

Published in print January 1980 | ISBN: 9780406176080
Published online March 2012 | e-ISBN: 9780191705113 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780406176080.003.0018
Making a search

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It is one of the incidents of a power of arrest that if police officers lawfully arrest a man for a felony (now an ‘arrestable offence’) they can go to his house: and search for and seize any goods which they reasonably believe to be material evidence in relation to the crime for which they arrest. For instance, whenever a man is arrested for stealing, it is everyday practice to go to his house and see whether the stolen goods are there. But when the police have not arrested a man, and seek to enter his house or anyone else's house — so as to find evidence against him or anyone else — they have to rely either on the common law or they must get a search warrant authorizing them to do so. Each of these situations has been the subject of leading cases in recent years.

Keywords: police officers; power of arrest; felony; material evidence; search warrant

Chapter.  4886 words. 

Subjects: Constitutional and Administrative Law

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