Police Want to Search Your Home
If police attend your home and want to conduct a search, it is important to know whether they have a warrant and what powers they can lawfully exercise. This page explains when police can enter and search your property under PACE 1984 and what your rights are during and after the search.
Quick Answer
Police generally need a warrant to search your home. They can apply for a warrant under PACE 1984 s.8 or enter without a warrant in specific circumstances — including after an arrest under s.18 or to prevent a breach of the peace. Always ask to see the warrant. You have the right to remain present during the search and to receive a receipt for everything taken.
Full Explanation
The Police and Criminal Evidence Act 1984 (PACE) and its Codes of Practice (Code B) govern police entry and search of premises in England and Wales. There are two main routes by which police may search a home: with a warrant, or under a warrantless power.
A search warrant under PACE s.8 is issued by a magistrate where there are reasonable grounds to believe that an indictable offence has been committed, that there is relevant evidence on the premises, and that production orders or other less intrusive measures are not suitable. Warrants must specify the premises, the items sought, and the date of authorisation. Under s.15, the warrant must be produced to the occupier before the search begins. A warrant is only valid for 3 months.
Warrantless entry and search is permitted in specific circumstances: under s.17 (to arrest a person, save life or limb, prevent serious damage to property, or recapture an escaped prisoner); under s.18 (to search premises of an arrested person — requires prior authorisation of an inspector, except in urgent cases); and under s.32 (to search premises where an arrest took place for evidence related to the offence).
During a lawful search, you have the right to: see the warrant; have a friend present if reasonably practicable (Code B para 6.11); be present during the search (unless this would seriously hinder the investigation); and receive a Notice of Powers and Rights before the search begins (Code B para 6.7).
If police take any property, they must give you a receipt listing each item taken under PACE s.21. If the search was conducted unlawfully — for example because the warrant was invalid or the search exceeded the warrant's scope — you can challenge admissibility of evidence in subsequent criminal proceedings under PACE s.78, apply for return of seized property under s.59, and bring a civil claim for trespass and breach of Article 8 rights (Human Rights Act 1998).
Legal Basis
- §PACE 1984 s.8 — magistrates' warrant to enter and search premises
- §PACE 1984 ss.15–16 — requirements for valid warrant; safeguards during execution
- §PACE 1984 s.18 — warrantless search of premises of arrested person
- §PACE 1984 s.32 — search of premises where arrest took place
- §PACE 1984 Code B — Code of Practice governing searches of premises
What To Do
Ask to See the Warrant Before Allowing Entry
If officers arrive at your door, calmly ask whether they have a warrant. If they do, ask to see it before they enter. Under PACE s.16(5), officers must produce the warrant if requested. Check the address, the premises described, the items being searched for, and the date of issue.
Identify the Power Being Used and Do Not Obstruct
Ask which power the officers are relying on. If they claim a warrantless power (s.17, s.18, or s.32), note this. Do not obstruct the search — obstruction of a police officer in the execution of their duty is a criminal offence under s.89 of the Police Act 1996. If you believe the search is unlawful, note this calmly and challenge it afterwards.
Remain Present and Ask for a Receipt for All Items Taken
You have the right to be present during the search (Code B para 6.11). Ask the lead officer for their name, warrant number, and the station they are from. Under PACE s.21(1), officers must give you a receipt listing all items taken. Keep this receipt — it is essential for any application to have property returned.
Apply for Return of Seized Property If Appropriate
If items were seized unlawfully or are no longer needed for the investigation, you can apply to the Crown Court or magistrates' court for their return under PACE s.59. Items needed as evidence in criminal proceedings may be retained until proceedings conclude.
Complain to the IOPC or Issue a Civil Claim If the Search Was Unlawful
If you believe the search was conducted unlawfully, you can: complain to the relevant police force and, if dissatisfied, to the Independent Office for Police Conduct (IOPC); and instruct a solicitor to bring a civil claim for unlawful entry (trespass to land) and breach of your Article 8 rights against the Chief Constable.
Important Deadlines
Important Warnings
Do not obstruct or attempt to prevent a lawful search — this is a criminal offence. Record your objections calmly and challenge the search through legal channels afterwards.
If police enter under s.17 (emergency powers) or s.32 (search following arrest on the premises), they do not need a warrant. Establish which power they are relying on.
Evidence obtained during an unlawful search may be excluded at trial under PACE s.78 — but this must be argued by a defence solicitor in subsequent proceedings.