The Promotion Exams
| Published date | 01 February 1967 |
| Date | 01 February 1967 |
| DOI | http://doi.org/10.1177/0032258X6704000207 |
| Subject Matter | Article |
7. to execute a warrant of search or
arrest;
8. when entry is permitted by some
enactment; and
9. on the grounds of necessity.
The
Promotion
Exams
CHIEF
SUPERINTENDENT
J.
DANIEL
DEVLIN,
LL.B.
Southend-on-Sea Police
Mr. Devlin is author of Police Procedure, Administration and
Organi7.ation
PROCEDlJRE,
ADMINISTRATION
AND
ORGANIZATION
VIII.
Police
Powers
Power of Entry
To say that an Englishman's home is his castle is to give only
half of the story. In fact all privately occupied land and premises
are protected by the law
from
unauthorized entry. A constable who
intends to enter land or premises will usually
ask
the occupier
to be allowed in. but if this is not desirable, or
if
admission has
been refused, he may enter with or without the permission of the
occupier in nine cases:
1. to arrest afelon:
2. to prevent a felony;
3. to arrest affrayers;
4. to quell a breach of the peace;
5. to prevent a breach of the peace;
6. when in immediate pursuit of an
an escaped prisoner;
Felony
A constable, or a private person, may enter land or premises
in order to prevent a murder or, it seems, any felony, being com-
mitted; and,
if
necessary, he may break open the door for this
purpose provided that he had announced his identity and demanded
and been refused admission. Entry may not be effected by a
private person, however, who merely suspects
that
a felony is
about to be committed. A constable or private person may enter
premises, by force if admission is refused, to arrest a felon,
but
a
private person is not justified in his action
if
events prove
that
he
was mistaken in his belief that there was a felon in the building,
even if his belief was reasonable.
Breach of the Peace
When a breach of the peace is actually taking place in a build-
ing, within the view or hearing of a constable. he may enter, by
force
if
need be, in order to quell it.
If
abreach occurs in the
open air and, being pursued by a constable who witnessed it, the
February
1967 73
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