Answers
Thread 7
Were the seizures from Dave legal?
The lack of legality of the original search again provides a problem for the police here. Had the search been legal then s.1(6) provides:
‘ If in the course of such a search a constable discovers an
article which he has reasonable grounds for suspecting to be a stolen
or prohibited
article or an article to which subsection (8A) below applies, he may
seize it.’
Even if the search had been legal, both of the seizures might not have
been. It would be reasonable to justify the seizure of the screwdriver
as either a stolen item, ie the item the officers saw him put into his
pocket as he left the shed, or a prohibited item, ie one being used
for burglary. Again time of day would be relevant. Many people might
have
a legitimate reason for carrying a screwdriver at 3pm, far fewer would
have such an excuse at 3 a.m.
The seizure of the van keys is far more problematic. There is no indication
that the police suspect the van to be stolen and it is difficult to
see how they can be classed as a prohibited item. Had Dave been arrested
then
s.32(2)(a)(i) PACE would have permitted the seizure of the keys as something
:
‘ which he might use to assist him to escape from lawful custody;’
Given that no lawful arrest has been established, this is not possible
to do. So the seizure of the keys cannot be justified.