It is an offence to disobey a lawful direction given to you by police. The police must give you their name, rank and station when ordering you to move on. If you want to avoid drawing police attention to you in public you should remember these rules.
Police have powers which allow them to search you or your bags without a warrant, for example, if they reasonably suspect you have drugs, a weapon or stolen property on you. Before doing a search they should ask if you will agree. It is up to you whether you agree to the police doing a search, for example turning out your pockets for them, but if you do agree anything they find can be used as evidence in court.
If you feel pressured into letting the police search then it is possible the court might say the search was unlawful. Asking you to take off other clothing is not a strip search. Police cannot strip search you without a support person parent or adult being there unless it is an emergency. If you are strip searched you should be given privacy and be allowed to keep some clothes on eg put your top back on before removing your pants.
Having sex including anal sex under 16 is a serious offence. As well as sex it is also against the law to do sexual things to each other like touching genitals. It is against the law for a parent, grandparent, brother or sister to have sex with you. This is called incest. There are also laws against taking and sharing indecent photos or videos of people under 16, even if they agree. Child pornography is text, images or sound showing a person under 16 in a sexual way that is likely to offend an adult.
Police are not always in uniform. If a person in plain clothes says they are police, ask for their ID. If a uniformed police officer is not wearing a name badge ask them their name and what station they are from. Stay cool and calm if the police approach you and treat them with respect.
They are there to protect everyone in the community, including you. If the police search an address in error, they must pay to repair any damage which is caused — including damage to a door. If the police raid search is lawful and the force used was reasonable, proportionate and necessary to gain entry, the occupier of the premises is responsible for any repair bills which result from the police forcing entry.
If you are a tenant in a rented property, your landlord may ask you to pay or seek to take the costs from your deposit. When the police leave, the officer in charge must make sure your premises are secure by arranging for the occupier or landlord to be present.
If either of these parties are unavailable, any appropriate means can be used to temporarily secure a property. If you believe you have suffered because the police abused their search powers, our expert Civil Liberties lawyers can advise you about the options available. Whether or not a search ends in a charge, you may be able to bring a civil claim for damages if a raid was conducted unlawfully.
This might be because of a defective search warrant or if certain measures were not followed correctly. The use of unnecessary or excessive force could also be classed as an assault. Unfortunately, a simple mistake like raiding the wrong home can have far-reaching consequences for the victims involved — such as financial insecurity, reputational damage and, in extreme circumstances, even the loss of a home. It is something we see far too often in our work at Hudgell Solicitors, and we have recovered damages for many people who have had their homes wrongly raided due to police errors.
Depending on the strength of your case, we could help you make a complaint to the Independent Office for Police Conduct IOPC , ask for an investigation to be carried out into the circumstances and help you to access the justice you deserve. Damages secured for man wrongfully arrested at home as police officers had wrong address. Clients we have helped make a civil liberties claim. What is wrongful arrest? Search for:. September 10th Has your home been wrongly raided? What is the police raid procedure?
The police can enter and search your home: With your consent. After the arrest of you or someone else linked to your property. Under a search warrant. Under terrorism legislation. In general, the police CANNOT search your home, or car, without a warrant unless: They obtain permission of the person concerned written consent is needed to make the search lawful.
A delay in obtaining a warrant is likely to see justice defeated E. G: evidence removed or destroyed. The police CAN enter without a warrant if they: Need to stop a crime which is in progress.
Can prevent a crime they suspect is about to happen. Can save a life, prevent serious injury or prevent damage to a property. Need to sort out a disturbance. Hear distressed cries or a cry for help. Need to enforce an arrest warrant. Are invited in by the occupant. Are in close pursuit of someone they believe has committed, or attempted to commit, a serious crime.
What are the police raid procedures WITH a warrant? If the police HAVE obtained a warrant they must: Carry out a search within three months of the date the warrant was issued. Only enter premises on one occasion only unless warrant states otherwise.
Request entry by consent first subject to certain exceptions. Identify the officers involved and explain the purpose and grounds for the search. Only use reasonable and proportionate force to enter if it is necessary. Give the home occupier a copy of the warrant and a Notice of Rights and Powers.
If not there, the documents must be left in a prominent place. A search may not continue after the items specified in the warrant have been found, or after the officer in charge is satisfied they are not there. Take due consideration for the property and privacy of the occupier — using no more disturbance than is necessary. A friend, neighbour or other person must be allowed to witness the search if the occupier wishes — unless the officer in charge has reasonable grounds to believe it would seriously hinder the investigation or endanger officers.
Premises which have been entered by force must be left secure. What happens if the police raid the wrong address? State College enacted an ordinance that allows officers to charge possession of a small amount or paraphernalia as a summary ordinance violation which still carries a fine and creates a record!
Possession of a small amount or marijuana or paraphernalia is still illegal in Pennsylvania, and Borough officers still have the discretion to charge it as a misdemeanor. Anywhere on campus and anywhere in State College that is outside the Borough limits will always be charged as a misdemeanor. How to find our office. Intake Form. Enter Keywords. Party Myths. Student Services.
Related Department: Student Legal Services. Myth: PSU police aren't real cops. University police in Pennsylvania have the same powers, authority, and responsibilities as municipal police officers. Short answer: They can arrest you. Students get caught.
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