Police trespassing - is it ok?

[Gary L]

Police were under fire today after admitting they had been sneaking into people's homes through open doors and windows and gathering up their valuables into "swag" bags.Officers in Exeter –who left the swag behind, together with crime prevention information – found more than 50 unsecured properties and claimed people had been glad to receive the wake-up call and advice. But not all residents were happy and a criminal lawyer suggested that the police may have been guilty of trespass.
One resident, Mike Parsons, said: "Since when have members of the constabulary been allowed to enter into someone's private property uninvited and without a warrant? How long before a police officer is attacked and fatally wounded by a worried householder who hears a noise downstairs and then attacks the intruder? This is trespass plain and simple."
Neil Scott, a criminal lawyer, of Foot Anstey solicitors, said: "I have never heard of anything like this before and it seems to be incredibly risky.
No one has an automatic right of entry to someone else's property without consent. That applies to police officers and members of the public, and whether it is unsecured is irrelevant. Police need a warrant from a magistrates court if they wish to do this, or they may enter a property if they believe an offence is being committed. To my mind, if they have entered properties like this, they are trespassers. Trespassing is not a criminal offence but it is considered a civil wrong and could be pursued through the courts as such."

If I were one of the homes they had entered I'd be well annoyed.

http://www.guardian.co.uk/uk/2010/ma...urglary-exeter

[Russ]

I'm sure we've had this before - I can understand people being annoyed at this but at the same time if the police could spot a vulnerability in my home security I'd be grateful for them pointing it out, although perhaps a card through the door might be more appropriate.

Then again, if it meant someone actually gets in to the house you're more likely to notice it...

[Raistlin]

I believe the police actually have the right to enter any property, and take such action as they deem necessary, if they believe and can demonstrate that doing so was necessary to prevent a crime being comitted.

I might be wrong though.

[Gary L]

Originally Posted by Rob M

I believe the police actually have the right to enter any property, and take such action as they deem necessary, if they believe and can demonstrate that doing so was necessary to prevent a crime being comitted.

I might be wrong though.

Prevention of crime isn't a good enough reason.

“No one has the automatic right of entry to someone else’s property without consent — that applies to police officers and members of the public and whether it is unsecured is irrelevant.
“Police need a warrant from a magistrates court if they wish to do this or they may enter a property if they believe an offence is being committed.
“With regard to this initiative, they neither had a warrant nor were they dealing with an offence.

Even if it is a case of trespass, as stated in the OP it is not a criminal offence, it's a civil wrong. A householder could take the boys in blue to the county court and seek redress in the form of damages.

Given that such damages would have to be a reflection of the actual loss to the homeowner caused by the trespass, and not some arbitrary punitive amount, exactly how much do we think they constabulary could reasonably be sued for? The price of a jaycloth to wipe the bootprints off the kitchen lino? The price of a phone call to the newsdesk of the local rag?

This, as usual, is a storm in a media teacup full of solicitors who would never have even heard of the story, let alone commented on it, had they not been phoned up and asked for their opinion by the Grauniad.

[Derek]

Originally Posted by Gary L

If I were one of the homes they had entered I'd be well annoyed.

More or less annoyed than you would be if Johnny Chav-boy went in through an unlocked door and nicked your telly?

Personally I think the police have better things to do with their time but if its choice between pointing out glaring vulnerabilities in home security or handing out flip-flops to drunks in town centres then I'd say bring up the swag bags.

---------- Post added at 10:26 ---------- Previous post was at 10:26 ----------

On the brightside someone almost certainly got a promotion out of the idea.

[speedfreak]

I wouldnt mind. Might even teach my girlfriend to make sure she locks up when she goes out or if she does lock up, not to leave the door key in the lock

[Russ]

On relfection I think I would be annoyed at this although not annoyed enough to go running to the papers, Claims Direct etc. After all like Derek says better the trespasser be one of his boys than a legit burglar.

[Gary L]

The thing you have to remember is that they gather all your valuables together and put them in a swag bag ready for Johnny Chav-boy to pick up. I doubt if they have any means of securing the property on the way out. so it's just as vulnerable as it was, but there's a swag bag full with goodies waiting for Johnny now.

The final line in the article

To date the force has received no complaints from any of the residents concerned

[Gary L]

Originally Posted by foreverwar

The final line in the article

To date the force has received no complaints from any of the residents concerned

and?

[speedfreak]

Originally Posted by Gary L

and?

well one line said ." But not all residents were happy and a criminal lawyer suggested that the police may have been guilty of trespass." Yet nobody actually complained. Sounds like its just the lawyers wanting to get involved or a paper making a story out of nothing IMO

[Derek]

Originally Posted by Gary L

and?

It suggests that of the 50 or so people whose homes have been 'broken into' none of them were annoyed enough to actually complain about it to the Police.

Of course now some lawyers have got involved I'd imagine pound signs will be swirling and they'll start moaning about it.

[Gary L]

It depends what part of Essex it is. whether it's a little village with old people in.

but putting that aside. you can't just let the police enter your property for an 'awareness' thing. you'll eventually forget what rights you have as a member of the public and think that they're entitled to do whatever they want as long as nobody complains.

[Derek]

Originally Posted by Gary L

you can't just let the police enter your property for an 'awareness' thing.

Then lock your doors...

It's not like they went wandering round with an enforcer putting doors in right, left and centre. They went round and if they could wander into a house they did before giving suitable advice to the homeowner.

I've done similar when I've seen open doors, it's not been part of an operation but its better than taking a crime report for a stolen telly.