Your home has the strongest protection of any place in English law. Article 8 of the European Convention on Human Rights, given effect by the Human Rights Act 1998, protects your private and family life and your home, and the Police and Criminal Evidence Act 1984 (PACE) with its Code B sets strict rules on when officers can enter and how they must behave once inside. This guide explains those rules so you know what should happen, and what to do if it does not.
When the police can enter your home
The police can enter and search your home in four broad situations:
- With your consent. It must be genuine and, where practicable, in writing on a Notice of Powers and Rights, and you can withdraw it at any time. A landlord cannot consent on behalf of a tenant, and a housemate can only consent to shared areas and their own room.
- Without a warrant, under specific powers. Section 17 of PACE allows entry to arrest someone for an indictable offence, to execute an arrest warrant, to save life or limb, to prevent serious damage to property, or to recapture someone unlawfully at large. Officers can also enter to deal with or prevent a breach of the peace. After an arrest, section 18 allows a search of premises occupied or controlled by the arrested person (authorised by an inspector), and section 32 allows a search of the premises where the person was arrested or had just been.
- Under a search warrant, most commonly a section 8 PACE warrant issued by a magistrate, or warrants under the Misuse of Drugs Act and other statutes.
- Under terrorism legislation, which has its own rules.
The idea that officers need you to open the door "or they will force it anyway" is only half true: if they have one of the powers above they may use reasonable force to enter, but if they do not, they must leave when asked.
What should happen with a warrant
If officers arrive with a warrant they must, unless doing so would frustrate the search:
- Identify themselves, show their warrant cards if not in uniform, and explain the purpose and grounds of the search.
- Show you the warrant and give you a copy, together with a Notice of Powers and Rights.
- Ask for your consent to enter first (unless it is impracticable or would defeat the purpose).
- Carry out the search within three months of the warrant being issued, and normally only once unless the warrant authorises multiple entries.
- Search at a reasonable hour unless that would frustrate the search.
- Search only to the extent needed to find what the warrant covers, and stop once it is found or they are satisfied it is not there.
- Use no more force or disturbance than necessary, and show consideration for the property and privacy of the occupier.
- Allow a friend, neighbour or other person to witness the search if you ask, unless the officer in charge reasonably believes that would seriously hinder the investigation or endanger officers.
- Leave the premises secure if they forced entry, arranging for the occupier or landlord to attend where possible.
If nobody is home, a copy of the warrant and the Notice must be left in a prominent place. Officers can seize anything the warrant covers and, under section 19, anything else they reasonably believe is evidence of an offence. You are entitled to a record of what was taken (see our guide on seizure of devices).
The wrong address
Officers must have reasonable grounds to believe evidence is at the address they apply for. Raids on a suspect's "last known address" after they have moved happen more than they should. If your home is searched by mistake, Code B says everything possible should be done at the earliest opportunity to allay any sense of grievance, and most forces will pay for repairs and often apologise. You may also have a claim for trespass and for damage.
Who pays for the door?
- If entry was unlawful, or the address was wrong, the police are liable for the damage.
- If the entry was lawful and the force used was reasonable, the force will often decline to pay, and the cost falls on the occupier or landlord, though many forces have a discretionary policy to repair damage where the occupier was not the suspect. Always ask.
- If you rent, tell your landlord straight away and keep the paperwork; you may need to show the damage was caused by police and not by you.
Filming the search
You are entitled to film officers in your home while they search, as long as you do not obstruct them. They cannot delete footage and may only seize your phone if they reasonably believe it contains evidence of an offence. See our guide to filming the police.
Shared houses and rented homes
Officers may only search the parts of a shared property that are reasonably needed to find what they are looking for. A warrant for one tenant's room does not authorise a search of other tenants' rooms. Consent from your landlord is not consent from you.
If the rules were broken
Note the time officers arrived and left, their names or numbers, what was said, and photograph any damage before you tidy. Ask for the Notice of Powers and Rights and the list of seized property if you were not given them. You can complain to the force and, where a search was unlawful or excessive force was used, a civil actions solicitor can advise on a claim for damages. Evidence obtained by an unlawful search can also be challenged in any prosecution.
This is general information for England and Wales, not legal advice. If you have been arrested or charged, speak to a solicitor: advice at the police station is free for everyone.