You can make an unlawful police search claim where the police have exceeded their authority or have failed to comply with the law governing the circumstances in which they can search a person or their property.
The two most common police search claims are:
1. An unlawful search of your property
The police are only allowed to legally enter your property without your permission or a warrant where there is a danger to life, or they have good reason to believe that an arrestable offender is on the premises.
Unless these circumstances apply then the police cannot enter your property and carry out a search.
Where the police do so it becomes an unlawful search, and you may be entitled to make a police search claim.
Unlawful police search claims can be made where the police have made a mistake with an address and have entered and searched the wrong premises.
Claims can also be made where a search warrant has been obtained on false evidence.
2. Unlawful stop and search
An unlawful police search claim can be made where an individual has been the subject of an unlawful stop and search.
The law requires the police to advise the individual why they are being searched and what the officers expect to find. Individuals should not be stopped on the basis of their race or background and can only be asked questions that are relevant to the search. The officer must also supply the individual with their ID number, name, and police station, and inform them of their right to a record of the search.
Where the police do not comply with these requirements and unlawful stop and search claim can be made.
You can read here a short article we have published about two police officers being dismissed for stop and search misconduct.
If you would like to know if you can make compensation claim then contact our free legal helpline.