The Promotion Exams
| Author | J. Daniel Devlin |
| Published date | 01 February 1967 |
| Date | 01 February 1967 |
| DOI | http://doi.org/10.1177/0032258X6704000207 |
7. to execute a warrant of searchor
arrest;
8. when entry is permitted by some
enactment; and
9. on the groundsof necessity.
The
Promotion
Exams
CHIEF
SUPERINTENDENT
J.
DANIEL
DEVLIN,
LL.B.
Southend-on-Sea Police
Mr. Devlin is author ofPolice Procedure, Administration and
Organi7.ation
PROCEDlJRE,
ADMINISTRATION
AND
ORGANIZATION
VIII.
Police
Powers
Power of Entry
To say thatan Englishman's home is his castleis togive only
half of the story.In factall privatelyoccupied land and premises
are protected by the law
from
unauthorized entry.A constable who
intends toenter land orpremises will usually
ask
the occupier
tobe allowedin.butif this is not desirable,or
if
admission has
been refused, he may enter with or without thepermissionof the
occupier in nine cases:
1. toarrest afelon:
2. to prevent a felony;
3. to arrest affrayers;
4. toquell abreachof thepeace;
5. toprevent a breach of thepeace;
6. when in immediate pursuit of an
an escaped prisoner;
Felony
A constable, or a private person, may enter landor premises
in order to prevent a murder or,it seems, anyfelony, being com-
mitted; and,
if
necessary, he may break open the door for this
purpose provided that he had announced his identity anddemanded
andbeen refused admission.Entry maynot beeffected 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 ifadmissionis refused,toarrest a felon,
but
a
private personis notjustified inhisaction
if
events prove
that
he
was mistaken inhisbelief that therewas afelonin thebuilding,
even if his beliefwas reasonable.
Breach of the Peace
When a breach ofthe peaceis actually takingplace in abuild-
ing, withintheview orhearingof a constable.he may enter,by
force
if
need be, in order to quell it.
If
abreach occurs in the
openairand,being pursuedby a constable who witnessed it, the
February
1967 73
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