Trespassing

When a police officer enters your home, property, or land without lawful consent and your permission, they are committing trespass.

Police must have a warrant to gain entry into an occupancy.

If the police have entered your property without a warrant, you may be entitled to pursue a civil claim against them.

There are exceptions where the police are lawfully allowed to enter and search premises without a warrant. These include:

To deal with a breach of the peace or attempt to prevent it;

To enforce an arrest warrant.

To arrest a person in connection with an offence.

To recapture someone who has escaped from custody.

To save a life.

To prevent serious property damage.

However, scenarios such as a minor welfare concern do not lawfully permit a police officer to enter your premises, even if it is only for a short amount of time.

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Southerns Solicitors
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