Do the Police need a warrant to search a boat?

[FadeToScarlet]

Asking on behalf of a friend, who had her boat searched with no warrant and.without consent, after a passing officer thought he smelled cannabis.

 

I suspect they don't, as a.boat is a chattel not property, I think, but she's interested in the law about it.

[scrunch]

Yes like your home with probable cause

[Starcoaster]

I don't actually know, assuming she wasn't under arrest.

If you are arrested, they can search any property you occupy or own without needing any other permission. I do wonder how this works if someone is in a shared house- can they search the whole place, including common areas and other people's rooms without permission?

I don't think it matters if her home is a house or a boat in terms of the rights, but I may be wrong,

[NigelMoore]

Asking on behalf of a friend, who had her boat searched with no warrant and.without consent, after a passing officer thought he smelled cannabis.

 

I suspect they don't, as a.boat is a chattel not property, I think, but she's interested in the law about it.

 

I believe that they do; being chattel not real property has nothing to do with it, in fact boats enjoy greater protection against unwarranted boarding.

 

However the Prevention of Terrorism Act grants them a fair degree of leeway - but cannabis use would be a stretch to link to terrorism threats.

[Starcoaster]

Based on the sixth entry down in the table, the Misuse of Drugs Act, they can IF the boat is considered to be a vehicle- is a boat considered to be a vehicle? In other parts of the table, a boat is referred to as a category of its own anyway... And would a houseboat (no engine) be viewed differently? Would the average copper be able to tell the difference between a houseboat and a boat anyway!?

 

http://en.wikipedia.org/wiki/Powers_of_the_police_in_England_and_Wales#Search_without_arrest

 

So basically, I have no idea, but I would be interested to hear a definite answer.

 

Edit. Looking at the CAB entry, I would say based on the info you provided that they dd not have a right, which makes me wonder how they would hope to get a conviction as a result of the search, other than if they claimed they were given permission to search.

 

Powers of entry When can the police enter and search

Police can only enter premises without a warrant if a serious or dangerous incident has taken place.

Situations in which the police can enter premises without a warrant include when they want to:

• deal with a breach of the peace or prevent it
• enforce an arrest warrant
• arrest a person in connection with certain offences
• recapture someone who has escaped from custody
• save life or prevent serious damage to property.

Apart from when they are preventing serious injury to life or property, the police must have reasonable grounds for believing that the person they are looking for is on the premises.

If the police do arrest you, they can also enter and search any premises where you were during or immediately before the arrest. They can search only for evidence relating to the offence for which you have been arrested or to some other offence which is connected with or similar to that offence, and they must have reasonable grounds for believing there is evidence there. They can also search any premises occupied by someone who is under arrest for certain serious offences. Again, the police officer who carries out the search must have reasonable grounds for suspecting that there is evidence on the premises relating to the offence or a similar offence.

In other circumstances, the police must have a search warrant before they can enter the premises. They should enter property at a reasonable hour unless this would frustrate their search. When the occupier is present, the police must ask for permission to search the property – again, unless it would frustrate the search to do this.

When they are carrying out a search police officers must:

• identify themselves and - if they are not in uniform - show their warrant card, and
• explain why they want to search, the rights of the occupier and whether the search is made with a search warrant or not.

If the police have a warrant, they can force entry if:

• the occupier has refused entry, or
• it is impossible to communicate with the occupier, or
• the occupier is absent, or
• the premises are unoccupied, or
• they have reasonable grounds for believing that if they do not force entry it would hinder the search, or someone would be placed in danger.

 

http://www.adviceguide.org.uk/england/law_e/law_legal_system_e/law_police_e/police_powers.htm

Edited January 29, 2014 by Starcoaster

[Ex- Member]

Police can search any premises If they believe a crime is being committed. This is weather it's a car house or boat. Smelling cannabis is reason enough to commence a search, cars are regularly searched on this premise. It's not only cannabis, if the police see anything illegal they have a right to search without requiring a warrant.

[davidc]

I believe there can as long as the have good reason that a crime is being committed.

[scrunch]

This is the bit that allows them to,

unless a delay in obtaining a warrant would be likely to defeat the ends of justice, for example, that evidence can be disposed of

[madcat]

Looks like some bully boy copper overstepping the mark.

 

A friend of mine had their boat searched years ago and the police took away a film canister labelled grass. It was grass too, the green grass substitute for use on model railways.

[Keeping Up]

Is a boat a category of "premises" ?

[MtB]

The police can do what they like if there is enough of them there. Ask the coal miners.

 

MtB

[MHS]

Looks like some bully boy copper overstepping the mark.

 

s.

Sorry but I see this as a policeman doing his job. There was no mention of bullying or confrontation in the OP

[Jerra]

Sorry but I see this as a policeman doing his job.

I don't see it as their job to search places unless they are 95%+ certain a crime is being committed. In this case it doesn't (on what has been said so far) appear that there was that certainty. In other words it could have been a case of a bigoted attitude to people who aren't the same as them. Followed by "we can say we smelt cannabis".

[MHS]

I don't see it as their job to search places unless they are 95%+ certain a crime is being committed. In this case it doesn't (on what has been said so far) appear that there was that certainty. In other words it could have been a case of a bigoted attitude to people who aren't the same as them. Followed by "we can say we smelt cannabis".

May be he/she was 95% sure, and it's brave to judge him or her on their attitude towards boaters.

 

Our neighbours at work regularly smoke cannabis. Doesnt bother me. I don't, but do enjoy wine, beer, whisky, coffee and such legal drugs.

 

But we do live with laws that dont seem to like Cannabis use.

Edited January 29, 2014 by MHS

[blackrose]

I don't see it as their job to search places unless they are 95%+ certain a crime is being committed. In this case it doesn't (on what has been said so far) appear that there was that certainty. In other words it could have been a case of a bigoted attitude to people who aren't the same as them. Followed by "we can say we smelt cannabis".

 

Where did the 95% figure come from? Plucked from thin air? And anyway, how would you know what level of certainty the policeman had in his mind?

 

I'm afraid that cannabis is still illegal, so until it is decriminalised a policeman who suspects that it is being smoked in a vehicle or premises can do a search. You may not agree with that particular law and neither do I, but it IS in fact their job to stop any law from being broken. It's nothing to do with being bigoted against people who aren't the same as them.

Edited January 29, 2014 by blackrose

[Guest]

This is weather it's a car house or boat.

 

Rain or shine......please try to spelll......

[saxplayer]

my understanding is the only people who can force entry into a property are the custom and excise and your gas supplier. otherwise a warrant is needed, So my thinking is you could have told him to go away and get a court warrant first.

shaun

[MtB]

 

Rain or shine......please try to spelll......

 

 

Eh?

 

 

MtB

[Barry]

my understanding is the only people who can force entry into a property are the custom and excise and your gas supplier. otherwise a warrant is needed, So my thinking is you could have told him to go away and get a court warrant first.

shaun

 

Fire service has rights of entry in certain circumstances too

[Ex- Member]

 

Rain or shine......please try to spelll......

 

Please get a life

[Pete & Helen]

I doubt it was as the OP said it was "A passing officer" more than likely it was someone that grassed (excuse the pun) them up

[Southern Star]

I'd guess that the status of a boat is the same as the status of my truck, police, HMRC etc can search it at any time, without a warrant, despite the fact that I live in it, on any spurious grounds of "reasonable suspicion".

[MtB]

 

Please get a life

 

Translation:

 

"I don't know the difference between 'weather' and 'whether', either".

 

 

MtB

 

 

 

(Edit to sort out my rubbishy punctuation!)

Edited January 29, 2014 by Mike the Boilerman

[MHS]

 

Translation:

 

"I don't know the difference between 'weather' and whether' either".

 

 

 

MtB

 

 

 

(Edit to sort out my rubbishy punctuation!)

 

Whether the weather be fine

Or whether the weather be not

Whether the weather be cold

Or whether the weather be hot

We'll weather the weather

Whatever the weather

Whether we like it or not.

 

Sorry, but couldn't help myself

[Grace and Favour]

Asking on behalf of a friend, who had her boat searched with no warrant and.without consent, after a passing officer thought he smelled cannabis.

 

I suspect they don't, as a.boat is a chattel not property, I think, but she's interested in the law about it.

I don't know the answer, FTS - - but her local CAB will.