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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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I was arrested by false rep. The police carried out

Resolved Question:

I was arrested for Fraud by false rep. The police carried out three Section 18 searches of addresses which were noted in custody log. A van was parked at one address and that was also searched and documents removed. My understanding was an unattended vehicle is a premises and the search should be noted and/or authorised in custody record. It wasn't. Is the search legal and evidence submissable? Thank you.
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Is there any reason you think a van is a premises?
Customer: replied 1 year ago.
As stated in Section 23 of PACE
Expert:  Jo C. replied 1 year ago.
Yes, but why is it a separate premises from the one that was covered under the S18?
Customer: replied 1 year ago.
The vehicle was unattended. No permission was sought for consent to search and it was not authorised or noted in the custody record. It's position is irrelevant as it could have been parked on the street. My understanding is a search of unattended vehicles of any type are classed as premises and should therefore be subject to Section 18 - inspector or above?
Customer: replied 1 year ago.
Or the fact a search was carried out noted, informed and put in the arrested persons custody record?
Expert:  Jo C. replied 1 year ago.
Well, it is not that simple. It depends what their authority under S18 said. Location of the vehicle is critical. If it was parked on the driveway of a house that was included in the search then the vehicle was included as would be any outhouse.
There should have been a record of the search and any seizures even if that was included within a S18 search of the house.
However, to be wholly honest, even if they didn't have a warrant at all, the chances that this evidence would be disallowed is almost non existent. The days when evidence was not admissible because it was obtained in breach of PACE have gone really. The bigger issue is that it could be challenged on a factual basis as they would have to prove where it came from and the absence of a record might be useful.
Sorry if that is bad news but I can only give you truthful information.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.
That is great. Thank you, ***** *****
Expert:  Jo C. replied 1 year ago.
No problem.
All the best.
Jo C., Barrister
Category: Law
Satisfied Customers: 70008
Experience: Over 5 years in practice
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