What are the police powers of entry in England and Wales?
What are the police powers of entry in England and Wales?
When police enter your home or premises without permission, it can be a very distressing experience. While there are occasions where police can legally enter and search your home or business premises, they must have a valid reason to do so and abide by the set laws, which usually includes needing a warrant.
Understanding police powers of entry and your individual rights is important to ensure any searches conducted on you property are lawful and you can protect yourself against unlawful intrusion. In this article we will outline the police powers of entry, search and seizure, what warrants they need to enter your home or vehicle, and under what circumstances police can enter your home without a warrant.

What are police powers of entry?
In the UK, police powers of entry largely depend on whether or not a warrant has been issued. Typically, the police need a warrant to search private property, and to obtain one, a formal request must be made to the court. In this request, a police constable must provide valid reasons for the search.
Once a warrant is granted, the police are authorised to enter and search the premises under specific conditions outlined in the Police and Criminal Evidence Act 1984 (PACE). This act allows the police to enter and search a property to make an arrest or seize items related to a crime.
Before entering, the officer exercising this power should make reasonable efforts to contact the occupant, unless doing so would compromise the investigation. If the occupant is not on the premises, the police are lawfully required to leave a visible written notice explaining their reasons for entry.
There are situations, however, where a warrant is not required. For example, in urgent circumstances or emergencies, waiting for a warrant could delay the investigation or risk public safety. Police powers of entry, therefore, rely on a warrant except in specific situations where immediate action is necessary or if a warrant would render an investigation futile.
When can police enter and search premises?
Police have the authority to enter and search premises under the following circumstances:
- To conduct inspections
- To address emergencies
- To search for evidence as part of an investigation
These reasons are clearly outlined in the Protection of Freedoms Act 2012, and must be abided by to ensure a lawful entry.

What is a warrant?
A warrant is a legal document that is issued by the courts to police (and other law enforcement agencies). It grants them specific powers, such as entering and searching properties. There are several types of warrant, including:
- A police arrest warrant: this allows police to arrest individuals as well as search them and seize their property.
- Search warrant: this permits police to search a specific location or vehicle, usually during criminal proceedings.
- Warrant of further detention: this allows police to detain someone for longer than the standard 24 hours without charge.
- Court warrant: this can be used to arrest people, search premises and enforce judgements.
Can police enter your home without a warrant?
Police generally need a warrant to enter and search premises, as warrants serve to protect an individual’s right to privacy. Police, can however, search and enter without a warrant, but their powers are restricted. Since police powers of entry invade and disrupt the privacy of an individual, the Protection of Freedoms Act 2012 regulates police powers of entry by establishing a code of practice that safeguards individual rights, limiting when and how police can lawfully enter premises.
In specific situations—such as a risk to life, the need to prevent injury, or to avert serious property damage—police powers of entry may extend beyond the need for a warrant.
When searching for a person, police can only enter a property if they have reasonable grounds to believe that the individual is on the premises, as specified under Section 17 (PACE). This section allows entry without a warrant to make an arrest, capture an escapee, or protect life and prevent serious harm.
If the search is for items, Section 18 of PACE permits police to enter and search premises without a warrant if the occupant has been arrested for an indictable offence and there is evidence on-site related to that offense. In these situations, an inspector or officer above in rank must give their authorisation in writing for it to be lawful.
Police powers of entry are structured to balance investigative needs with individual rights and are subject to strict safeguards to protect individuals.

Can police search my vehicle without a warrant?
Under the Code of Practice, vehicles are considered premises, meaning they cannot be searched without a warrant unless under specific circumstances.
The main piece of legislation that gives the police the authority to search a vehicle without a warrant is the Powers of Stop and Search. Under Section 1 (PACE), police may stop and search a vehicle if they have reasonable grounds to suspect that the driver possesses illegal items, such as drugs or weapons, or is driving dangerously. These powers aim to protect public safety while ensuring that searches are grounded in reasonable suspicion.
Reasonable grounds could be based on observable behaviour, background intelligence, or witness information. If the officer does not have reasonable grounds for the search, any resulting stop and search would be unlawful. Read our blog to find out more about your police stop and search rights.
In certain situations, such as when the police impound your car, they can search your vehicle without a warrant. In most other cases, police need a warrant to search your vehicle, just like they do for your house.
What are police powers of seizure?
Even if the police obtain a search warrant, certain powers of seizure and search are restricted until a suspect is formally arrested. Police cannot conduct intimate searches, such as removing clothing, taking fingerprints, collecting blood samples, or other forms of identification. They also cannot ask you to remove face coverings or religious attire unless they have Section 60 authorisation, which they must be able to produce.
Under section 8 of PACE, the police are authorised to seize stolen property, documents, drugs, weapons, or any other items relating to an investigation. The police are legally bound to act proportionally, seizing only what is necessary for an investigation. If any items are unlawfully seized, you can make a claim for police misconduct.
People most at risk of being exploited by the police are afforded extra protection. The Equality Act 2010 defines protected characteristics that the police must accommodate, for example, a transgender person or a person with a disability. As police powers of seizure often hinge on reasonable belief, the police must ensure they are completely unbiased in their actions.
HNK Solicitors can help with your action against the police claim
If you have experienced a breach of privacy through forced entry or unreasonable grounds for search, you may be entitled to compensation. We understand the emotional distress police misconduct can cause, especially when it infringes on your right to privacy and peace.
Here at HNK Solicitors, we pride ourselves on getting our clients the justice they deserve with a highly experienced and compassionate civil actions against the police team.
We can help with you make any civil claim against the police. You can call us on 0151 203 1104 or email us at enquiries@hnksolicitors.com