KOPIA Criminal Procedure Practice Test

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In England, which statement about searching a premise is correct?

A constable must always obtain a warrant

The search cannot be conducted unless the owner is present

A warrant may not be required in urgent situations where contact with the owner is not possible

In England, the police generally need a warrant to search premises, but there is a crucial exception for urgent situations. When delay would hinder the investigation, or there is a real risk to life or to preventing serious harm, and the occupier cannot be contacted, officers can enter and search without a warrant. This balances the need to act quickly to preserve evidence or protect people with the protection of privacy through a lawful framework.

That is why the statement about a warrant not being required in urgent circumstances where the owner cannot be contacted is the best fit. The other ideas misstate the rules: warrants are not always mandatory due to urgency, a search isn’t contingent on the owner’s presence, and there is still a legal procedure in urgent cases to justify and safeguard the action.

Searches can be conducted without any procedure

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