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Alice H
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2847
Experience:  Partner in national law firm
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Can the police enter your home and demand you take a breath

Resolved Question:

can the police enter your home and demand you take a breath test 15 minutes ofter you have returned home
Submitted: 1 year ago.
Category: Law
Expert:  Alice H replied 1 year ago.
My name is ***** ***** I am happy to help you today. Did the police follow the person to the address after seeing them driving a car?
Expert:  Alice H replied 1 year ago.
Hi - you may not be familiar with our site. If you prefer, I can arrange a telephone call?
Customer: replied 1 year ago.
no
Expert:  Alice H replied 1 year ago.
On what basis did the police attend the house?
Customer: replied 1 year ago.
phone call by unknowen person
Expert:  Alice H replied 1 year ago.
Was there an accident?
Expert:  Alice H replied 1 year ago.
The law which deals with the police power of entry in cases where they are investigating whether a person has committed a drink drive offence can be found in the ROAD TRAFFIC ACT 1988. Section 6E states: (1) A constable may enter any place (using reasonable force if necessary) for the purpose of—(a) imposing a requirement a [breath test requirement] following an accident in a case where the constable reasonably suspects that the accident involved injury of any person, or (b)arresting a person...following an accident in a case where the constable reasonably suspects that the accident involved injury of any person. There is further power in the POLICE AND CRIMINAL EVIDENCE ACT 1984 which states, under section 17(1)(c)(iiia) that a constable may enter to arrest and search premises when investigating whether an offence of driving etc whilst under the influence of drink or drugs. Based on the limited information you have given, there doesn't appear to be any unlawful about the police entering a home for a breath test.
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2847
Experience: Partner in national law firm
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