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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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The police entered my home by breaking down the door without

Customer Question

The police entered my home by breaking down the door without a warrant and found
Some cannabis plants. I was at home I told them I was the owner of the house. They did not arrest me on entering the house they did after searching the house. Can they use evidence in court after making an illegal entry ?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts :

Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.

Alex Watts :

The Police MAY enter your property without a warrant if they believe a crime is being committed, has been committed or is about to be

Alex Watts :

If someone reported that a fight had been going on, and then it all went quiet, there is obviously the possibility that someone involved might have been hurt of killed

Alex Watts :

So yes they can force entry

Alex Watts :

I think you may be confusing a search warrant with right of entry

Alex Watts :

But yes, they have a right of entry

Alex Watts :

I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-4gp8qc8c- : This goes against all I have read online. Very confusing.
JACUSTOMER-4gp8qc8c- : They have a right to break into my house without getting a warrent first?
Alex Watts :

Yes.

Alex Watts :

A search warrant is different from right of entry

Alex Watts :

Do not get confused between the two

JACUSTOMER-4gp8qc8c- : How can they do this I've never known of this before
JACUSTOMER-4gp8qc8c- : Can you tell me the difference
Alex Watts :

Right of entry is getting into a property.

Alex Watts :

They have a right to do that if they suspect a crime has been, is being, or about to be committed/

Alex Watts :

However a search warrant is for example where they can search, for say drugs hidden in cupboards etc

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-4gp8qc8c- : So they can basically go to any house and say I think they are doing something illegally in there and break down the front door?
Alex Watts : Yes but they need reasonable suspicion.
Alex Watts : Clearly here it was justified as they found cannabis.
Alex Watts : I am sorry.
Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.

Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.

Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

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