The scenario is a police officer obtains a warrant to search a woman's home for Class A drugs after evidences shows she has been involved in drug deal. Nobody is home so the police force the door open, breaking it, and execute the warrant. Once inside they find and seize a large bag of cocaine. Whilst in the property, they see a number of counterfeit items and a significant amount of cash. The police also seize those items.
Are the police allowed to enter the property when nobody is home and was the breaking of the door allowed in law. Also, are the police allowed to seize both the drugs and additional items?
Thanks.
Yes.Better if the occupant was present to allay allegations of the police bearing gifts but how are the police to know that the occupiers have refused to answer the door and flushing the evidence down the Khazzie? Forced entry is allowed.
As an alternative though, there are some occasions where legal advice prepared for those working in the 'administration of justice' can provide a useful summary of the law. For example, some of your previous questions could have been answered by referring to the guidance to staff on the Criminal Prosecution Service's website. In this case the relevant secondary source is PACE Code B, which is the document which police officers have to refer to:
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/306655/2013_PACE_Code_B.pdf
I don't know the answer to your question about the counterfeit goods or cash, but please let us know when your court date is, or at least the verdict.
Incidentally, if the police 'bearing gifts' 'find' a substantial amount of cash in my flat during a raid for suspected dealing offences but I am subsequently acquitted, will I get all 'my' property back?