Saturday, August 17, 2019
Powers of police Essay
Polo Games limited was initially involved in manufacture and sale of electronic typewriters changed its product line and started developing and manufacturing hand held computer games and devices. From the scenario of this company it comes out clearly that the company was involved fraudulent and counterfeiting practices and as such it was suspected of having committed a crime. The police came to the business premises one day to search, arrest and seize suspected counterfeit materials used in the fraudulent activities. Police have the powers conferred up on them to do the search and make arrests. Such powers are outlined hereunder: Police and other government authorities have been conferred some powers to arrest, search and even seize property. These powers are available for use by such authorities only in the given circumstances and conditions. For instance the power to search a person for anything is allowed when the person can cover up evidence relating to an offence, or anything which might enable the person to escape from unlawful custody. Other reason or conditions is to search to an extent which is reasonably required to get the required evidence (http://www.11kbw.co.uk/html/articles/policepowers.html, assessed on April 1, 2008). Police have powers conferred to them that enable them to enter and search premises. These powers of entry and search states that: power to enter and search a premise in which a suspected person is hiding; the power only applies to the extent that the police man has reasonable grounds to in believing that there is evidence in the premises. Section 18 of the EPA (Emergency Provisions Act 1996) gives the police power particularly the cop who is the rank of inspector to gain entry into premises occupied by a person under arrest. The inspector in this case should have sufficient belief that there is some evidence in the premises. When such an officer gets into the premises they are covered by the power conferred to them to seize any materials which are suspicious or can be used as evidence in court. This power is deemed critical in cases where it is assumed that some delay may lead to destruction of evidence by the suspected person. Section 17 of the EPA also mandates the police to enter into premises of suspected people in order to execute a warrant of arrest or arrest a person who has committed an arrestable offence. Other reasons for entry and search could involve the capturing of a person who has escaped from the police custody. Such person could have had committed a business related offence. Also in the context of business, police enters or force their way into a premise when there is anticipated damage of the property or evidence. There is section 19 of the EPA which mandates the police officers to enter premises and seize all things obtained through commission of crimes or which act as evidence related to crime.Ã Police also have power to seize property where there is evidence that it relates to given offence. The basis of this is to prevent the suspect from concealing, losing, altering or destroying the evidence. Ã Police officers have powers to arrest any person whom they have sufficient evidence or reasonable ground to suspect as having committed or is about to commit crime. To enter business premises, police normally have to obtain warrant from Justice of Peace. The Justice of Peace only grants such warrants when fully convinced that there is sufficient strength of the offence committed. Police seeking such warrants must specify reasons for the search and the things or items to be looked for. Reference: Police powers of search and seizure, available at: http://www.11kbw.co.uk/html/articles/policepowers.html, assessed on April 1, 2008
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