Q&As

Under what circumstances can the police conduct a search of a vehicle and does it make any difference if the suspect was arrested inside or outside that vehicle?

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Published on LexisPSL on 02/11/2017

The following Corporate Crime Q&A provides comprehensive and up to date legal information covering:

  • Under what circumstances can the police conduct a search of a vehicle and does it make any difference if the suspect was arrested inside or outside that vehicle?

Under what circumstances can the police conduct a search of a vehicle and does it make any difference if the suspect was arrested inside or outside that vehicle?

We have limited our research to cover searches conducted under Police and Criminal Evidence Act 1984 (PACE 1984).

The power under PACE 1984, s 32 to search on arrest arises where a person has been arrested other than at a police station. The arrest must be for an indictable offence. It allows a constable to enter and search the premises where the arrest occurred, or those that the arrested person had left immediately before the arrest. PACE 1984, s 23 defines the meaning of premises and includes any vehicle, vessel, aircraft of hovercraft.

The constable can search for evidence relating to the offence for which the person has been arrested and the constable must

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