We rely on the police every day to keep us safe, and we trust them to do a good job. Most of the time they do – but sometimes they get it wrong.
The law grants police officers certain powers when it comes to entering your home. But you also have rights, and it’s important to understand these – especially if you have been the subject of a wrongful raid.
If the police wrongly raid your home, they may have infringed your right to privacy and family life, which is protected under Article 8 of the European Convention on Human Rights and enshrined in UK law under the Human Rights Act 1998.
Here, we explain exactly what the police can and cannot do with regards to entering your property. We will also explain what your rights are when the police are in your home, and after they have left.
If you prefer you can jump straight to a section using the links below to answers questions you may have:
- What powers do the police have to enter and search your property?
- What is the police procedure for a raid using a warrant?
- What is the police procedure for a raid without a warrant?
- What happens if the police raid the wrong address?
- Are police raid procedures different for a shared house?
- Can you film officers during a raid on your home?
- Who pays if the police damage your property during a search?
- When can you seek compensation from the police after a raid?
What powers do the police have to enter and search your property?
The law gives police officers the power to enter and search your home under a set of specific circumstances. These include:
- With your consent
- With a search warrant
- After the arrest of you or someone else linked to the property
- Under terror legislation
If none of these conditions are fulfilled then the police CANNOT legally enter your home and you do not have to invite the police into your home at any point.
The Police and Criminal Evidence (PACE) Act 1984 is in place to ensure that the police do not abuse their powers to enter and search your home, either with or without a warrant.
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What is the police procedure for a raid using a warrant?
The police must apply for a warrant from a magistrate or judge, using a written form. This form will require substantial detail on the property to be searched, what is being searched for and why the officer believes a search is in the public interest.
The police officer does not need to show a warrant before entering your home if it could aid the escape of a person they want to arrest or enable evidence to be destroyed. The warrant must be shown ‘as soon as practicable’, and you have the right to keep a copy.
If officers do have a warrant, there are several rules that MUST be adhered to. Officers must:
- Carry out a search within 3 months of the date the warrant was issued.
- Only enter the premises once (unless the warrant specifies otherwise; they will need to justify this in their application).
- Conduct the search at a reasonable time unless it hinders the purpose of the search.
- Request entry by consent first (subject to certain exceptions).
- Identify the officers involved and explain the purpose and grounds for the search.
- Only use reasonable and proportionate force to enter if necessary.
- Provide the home occupier with a copy of the warrant and a Notice of Rights and Powers. If the occupier is not in, these should be left in a prominent place.
- Stop the search as soon as the items in the warrant are found, or the officer in charge is satisfied that they are not present.
- Take due consideration for the property and privacy of the occupier, causing no more disturbance than is necessary.
- Allow a friend, neighbour or other person to witness the search if the occupier wishes, unless the officer in charge has reasonable grounds to believe this would seriously hinder the search or place officers in danger.
- Leave any premises entered by force secure.
If the police have raided your home with a warrant and have not followed these procedures correctly, you may be able to claim compensation for any pain or suffering you have experienced as a result.
What is the police procedure for a raid without a warrant?
If the police do not have a warrant there are still certain circumstances in which they can enter and search your home. It is important to understand that some circumstances give the police the right to enter your home but NOT to search it.
Without a warrant, officers can only enter AND search your home if:
- They have your consent to do so (written consent is required to make the search lawful).
- They believe that a delay in obtaining a warrant is likely to see justice defeated (for example evidence may be removed or destroyed).
- You or someone else linked to the property has recently been arrested there or was there shortly before arrest and they believe there may be evidence there relating to the arrest.
- They believe you have committed or are about to commit offences under the Terrorism Act 2006.
If the police have entered and searched without a warrant or any of the circumstances above, then they have done so unlawfully and you may be eligible for compensation.
The police can enter (but NOT search) your home if they:
- Need to stop a crime that is in progress.
- Believe they can prevent a crime they suspect is about to happen.
- Can save a life, prevent serious injury or prevent damage to a property.
- Need to sort out a disturbance.
- Hear distressed cries or a call for help.
- Need to enforce an arrest warrant.
- Are invited in by the occupant.
- Are in close pursuit of someone they believe has committed, or has attempted to commit, a serious crime.
- Need to arrest you.
- You are already under arrest.
If the police have entered your home without fulfilling any of the above circumstances then you may be eligible for compensation for any pain or suffering caused.
What happens if the police raid the wrong address?
When the police apply for a warrant to raid a property they must have ‘reasonable grounds’ for suspecting that they will find evidence relating to a known offence there. However, sometimes things can go wrong in the planning process, leading to the wrong address being raided.
For example, a simple address error could lead to the wrong house being raided. If you have ever had a parcel or letter go astray, you will know how easily this could happen.
Officers can also sometimes raid the ‘last known address’ of a subject – even though they no longer live there. Again, this can lead to the home of someone who is completely innocent being raided.
If your home has been wrongly raided then you may be entitled to compensation. The PACE code of practice states that everything possible should be done at the earliest opportunity to allay any sense of grievance’.
Hudgell Solicitors are experienced in handling claims against the police, for wrongful searches and other grievances. If you believe you may be entitled to compensation, please get in touch by calling 0808 271 6651 or filling in our online claim form.
Are police raid procedures different for a shared house?
In a shared property, the police are only allowed to search areas that are reasonably required to locate evidence. This could include shared communal areas or the room of the person named in the search warrant. It should not include the private rooms of other residents.
If you live in a rented property, police officers without a warrant cannot enter and search solely on the basis of having your landlord’s consent. However they can gain consent from someone else who lives in the house.
Can you film officers during a police raid on your home?
Yes. You are legally entitled to record the police while they search your home. You must not obstruct the officers while you film.
Even if they threaten to do so, the police cannot seize your camera unless they believe that it contains evidence of an offence. They cannot make you delete the footage you have taken.
Who pays if the police damage your property during a search?
If the police raid your property in error they must pay to repair any damage that is caused. This includes damage to the door if they forced entry.
If the police raid your house lawfully and the force used was reasonable, proportionate and necessary to gain entry, then you – as the occupier of the property – are responsible for any repair bills. This includes repairs to the door.
If you are living in a rented property and the police conduct a lawful search then your landlord is entitled to ask you to pay for the repairs, or to take the costs from your deposit.
When the police leave following a search, the officer in charge must ensure that the premises are secure. They can do this by arranging for either the occupier or the landlord (if the property is rented) to be present. If neither of these are available, any appropriate means can be used to secure a property.
When can you seek compensation from the police after a raid?
If you believe that your home has been raided unlawfully then our expert team of Civil Liberties lawyers can advise you on the best course of action.
This might be due to the police raiding the wrong address by mistake. We see this often at Hudgell Solicitors, and it can have long-reaching consequences. These include financial insecurity, damage to your reputation and even the loss of your home in the most extreme circumstances. We have recovered damages for many people who have had their homes wrongly raided due to police errors.
Even in the case of your home being raided correctly you may be eligible for compensation, regardless of whether the search resulted in a charge against you. If the police failed to follow any of the procedures detailed above, or the warrant they used to gain entry was defective we may be able to help you claim against the police. If the officers conducting the search used unnecessary or excessive force then there could be grounds for an assault case against the police.
Depending on your case, we may be able to help you to make a complaint to the Independent Office for Police Conduct (IOPC). This could lead to a formal investigation being made into the circumstances around your case, and could help you to get the justice you deserve.
You can get in touch with us by calling us or filling in our callback form below.
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