Trespass without a warrant

Before you allow entry always ask to see their ID (some people pretend to be from the Police to gain entry for illegal purposes), note down their badge numbers and which constabulary they are from – you may need these later.

The police must have reasonable suspicion before they visit the property and must make it clear what lawful authority they are acting upon before they attempt entry. They must inform you of the reason why they need access to the property, a simple "can we have a word" is not sufficient. If in doubt just speak to them on the doorstep.

 

What constitutes a property

Pretty much anything in fact – examples would include: -

• House / flat / room;
• Rented office/business space;
• Caravan, boat or any other vehicle or even a tent.

 

Attending for a non-urgent situation.

In this situation, they must have a warrant or be invited in. If they gain entry onto property owned or rented by yourself without authority then you are entitled to make a civil claim against them. Other examples are when an ad-hoc decision concerning a search is also allowed. For example - should you be arrested, and they believe that there is something in the property concerning the arrest itself. Potential examples would include searching a car for drugs after the driver was pulled over for drug-induced driving, searching a house when someone has been arrested for burglary etc.

 

Attending for an urgent situation

There are times when the police are lawfully allowed to enter and search premises without a warrant. These include:

• To prevent or manage a breach of the peace;
• To enforce an arrest warrant;
• To recapture someone who has escaped from custody;
• To prevent serious damage happening to the property;
• To protect someone against injury or to save a life;
• To prevent serious damage to property;
• To execute a warrant of commitment (detain someone such as a mental health patient or a child that has been taken into the care of the state);
• To prevent abuse to an animal; or
• To remove squatters/trespassers

If you are unsure whether the police did enter your property for one of the above warrant exempt occasions, it is important to seek legal advice to ascertain whether you are entitled to compensation.

 

Trespass and the law - Claiming against the Police

Claims made against the police for trespass are not usually tolerated and compensation can be sought if the trespass is proven.

Some interesting points: -

• The police do not even have to enter the premises for you to bring a claim, simply not leaving your doorstep when asked is classed as trespass;
• You don’t have to prove that you suffered any actual damages: such as muddy carpets or a broken door;
• You don’t have to prove that you suffered any actual harm: such as being barged out of the way or for emotional distress; and
• Claims can be brought up to 6 years after the situation occurred.

 

How we can help

If you wish to make a claim then your caseworker will make all the arrangements, To gain our assistance you need to open a case, this is done by taking advantage of our free consultation service, activated by the link at the top of the page, should you wish to start a case the caseworker will send you the suitable payment link.

 

Please note your caseworker can only give generic advice, their role is to prepare your details for handling by our legal team and to act as your point of contact, they will also issue you with your Password and PIN, these will be needed to log onto your client dashboard. From your dashboard you will be able to manage and view every aspect of your case, upload documents, images, files etc.