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When can the police search my home?
The police may enter and search a home under a magistrates' warrant (PACE 1984 s.8), without a warrant to make an arrest or save life (s.17), after an arrest for an indictable offence, usually with an inspector's written authority (s.18), at the place of arrest (s.32), or with the occupier's consent. An entry or search outside these powers is unlawful and may lead to evidence being excluded under s.78 or a civil claim.
Search with a warrant
A justice of the peace may issue a warrant under PACE 1984 s.8 if there are reasonable grounds for believing an indictable offence has been committed, relevant evidence of substantial value is on the premises, and a s.8(3) condition applies. A warrant may cover all premises a person occupies or controls, and allow multiple entries; unlisted premises or repeat entries need an inspector's written authority (s.16(3A)-(3B)).
Safeguards (ss.15-16): entry must be within 3 months of issue, at a reasonable hour unless that would frustrate the search, the officer must identify themselves, produce the warrant and give the occupier a copy (or leave one); and the search must stay within its purpose. An entry or search that breaks ss.15-16 is unlawful (s.15(1)).
Search without a warrant
- s.17: to arrest for an indictable or certain listed offences, execute a warrant, recapture someone unlawfully at large, or save life or limb or prevent serious damage to property. Except to save life or property, the person sought must reasonably be believed to be there.
- s.18: premises occupied or controlled by a person arrested for an indictable offence, for evidence of that or a connected or similar indictable offence, usually with an inspector's written authority.
- s.32: premises where the person was when arrested or just before, for evidence of the indictable offence.
- Consent (Code B paras 5.1-5.3): in writing if practicable; you must be told you need not consent and may withdraw consent at any time.
Seizure and retention
An officer lawfully there may seize evidence of any offence, or items obtained by crime, to prevent their loss (s.19), but not legally privileged items. Criminal Justice and Police Act 2001 ss.50-51 allow bulk material or devices to be taken away to sift, with a written notice (s.52) and return of what cannot be kept (s.53). Items may be kept only as long as necessary, not where a copy would do (s.22). You can ask for a record of what was taken and, unless that would prejudice an investigation, copies (s.21).
Your rights during the search
You should get a Notice of Powers and Rights and a copy of any warrant (Code B 6.7-6.8). A friend or neighbour may witness the search unless that would seriously hinder it (6.11).
Remedies
Evidence may be excluded under PACE s.78 if admitting it would be unfair. An unlawful entry can found a trespass claim. Property can be recovered via a Crown Court judge (CJPA 2001 s.59) or the magistrates (Police (Property) Act 1897).
Changes not yet in force
Crime and Policing Act 2026 s.171 will let an inspector authorise a warrantless search for electronically tracked stolen goods; not in force as at November 2026.
In practice
Keep the warrant and Notice. For searches of the person, see Police stop and search in the street.
Read the full guide on theodorous.uk
Authorities: Police and Criminal Evidence Act 1984 ss.8, 15, 16, 17, 18, 19, 21, 22, 32, 78; Criminal Justice and Police Act 2001 ss.50-53, 59, 64; Police (Property) Act 1897 s.1; PACE Code B (revised, in force 20 December 2023) paras 5.1-5.4, 6.7-6.13, 7.1-7.17; Crime and Policing Act 2026 s.171 (not yet in force)