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A search warrant is a court order that a magistrate or judge issues to authorize law enforcement officers to conduct a search of a person, location, or vehicle for evidence of a crime and to confiscate any evidence they find. In most countries, a search warrant cannot be issued in aid of civil process.
An arrest warrant is a warrant issued by a judge or magistrate on behalf of the state, which authorizes the arrest and detention of an individual, or the search and seizure of an individual's property.
In United States criminal law, probable cause is the standard by which police authorities have reason to obtain a warrant for the arrest of a suspected criminal or the issuing of a search warrant. It is also the standard by which grand juries issue criminal indictments. The principle behind the standard is to limit the power of authorities to perform random or abusive searches, and to promote lawful evidence gathering and procedural form during criminal arrest and prosecution. The standard also applies to personal or property searches.
A warrant is generally an order that serves as a specific type of authorization, that is, a writ issued by a competent officer, usually a judge or magistrate, that permits an otherwise illegal act that would violate individual rights and affords the person executing the writ protection from damages if the act is performed.
A bailiff is a manager, overseer or custodian; a legal officer to whom some degree of authority or jurisdiction is given. Bailiffs are of various kinds and their offices and duties vary greatly.
A citizen's arrest is an arrest made by a private citizen – that is, a person who is not acting as a sworn law-enforcement official. In common law jurisdictions, the practice dates back to medieval England and the English common law, in which sheriffs encouraged ordinary citizens to help apprehend law breakers.
Distraint or distress is "the seizure of someone’s property in order to obtain payment of rent or other money owed", especially in common law countries. Distraint is the act or process "whereby a person, traditionally even without prior court approval, seizes the personal property of another located upon the distrainor's land in satisfaction of a claim, as a pledge for performance of a duty, or in reparation of an injury." Distraint typically involves the seizure of goods (chattels) belonging to the tenant by the landlord to sell the goods for the payment of the rent. In the past, distress was often carried out without court approval. Today, some kind of court action is usually required, the main exception being certain tax authorities – such as HM Revenue and Customs in the United Kingdom and the Internal Revenue Service in the United States – and other agencies that retain the legal power to levy assets without a court order.
False arrest is a common law tort, where a plaintiff alleges they were held in custody without probable cause, or without an order issued by a court of competent jurisdiction. Although it is possible to sue law enforcement officials for false arrest, the usual defendants in such cases are private security firms.
The Environmental Protection Act 1990 is an Act of the Parliament of the United Kingdom that as of 2008 defines, within England and Wales and Scotland, the fundamental structure and authority for waste management and control of emissions into the environment.
A water bailiff is a law-enforcement officer responsible for the policing of bodies of water, such as a river, lake or coast. The position has existed in many jurisdictions throughout history.
An immigration officer is a law enforcement official whose job is to ensure that immigration legislation is enforced. This can cover the rules of entry for visa applicants, foreign nationals or those seeking asylum at the border, detecting and apprehending those that have breached the border and removing them, or pursuing those in breach of immigration and criminal laws.
County Court bailiffs are employees of Her Majesty's Courts & Tribunals Service and are responsible for enforcing orders of the County Court by recovering money owed under County Court judgments. They can seize and sell goods to recover the amount of the debt. They can also serve court documents and effect and supervise the possession of property and the return of goods under hire purchase agreements.
The powers of the fire service in the United Kingdom are extensive, but vary from jurisdiction to jurisdiction. These powers generally only apply to members of public fire and rescue services. Powers are granted to firefighters in England & Wales by virtue of the Fire and Rescue Services Act 2004, in Scotland by virtue of the Fire (Scotland) Act 2005 and in Northern Ireland by virtue of the Fire and Rescue Services Order 2006. Whilst the three acts are almost identical in effect, they word the powers differently and vary in relation to the issuance of warrants.
The powers of the police in Scotland, as with much of Scots law, are based on mixed elements of statute law and common law.
The powers of the police in England and Wales are defined largely by statute law, with the main sources of power being the Police and Criminal Evidence Act 1984 and the Police Act 1996. This article covers the powers of police officers of territorial police forces only, but a police officer in one of the UK's special police forces can utilise extended jurisdiction powers outside of their normal jurisdiction in certain defined situations as set out in statute. In law, police powers are given to constables. All police officers in England and Wales are 'constables' in law whatever their rank. Certain police powers are also available to a limited extent to police community support officers and other non warranted positions such as police civilian investigators or designated detention officers employed by some police forces even though they are not constables.
Michigan v. Summers, 452 U.S. 692 (1981), was a 6–3 decision by the United States Supreme Court which held for Fourth Amendment purposes, a warrant to search for contraband founded on probable cause implicitly carries with it the limited authority to detain the occupants of the premises while a proper search is conducted.
Bailey v. United States, 568 U.S. 186 (2013), was a United States Supreme Court case concerning search and seizure. A 6–3 decision reversed the weapons conviction of a Long Island man who had been detained when police followed his vehicle after he left his apartment just before it was to be searched. Justice Anthony Kennedy wrote the majority opinion, and Antonin Scalia filed a concurrence. Stephen Breyer dissented.
Immigration Enforcement(IE) is a division of the Home Office responsible for enforcing immigration law in the United Kingdom. It was established from the section of the former UK Border Agency (UKBA) responsible for enforcing immigration law.
The Law Enforcement Act 2002 (LEPRA) is a NSW piece of legislation which governs the exercise of specific police powers. The Act contains 19 parts which either reinforce the common law, relocate existing sections from other Acts or establish new powers and safeguards. Since its implementation, LEPRA has been subject to many amendments, but the majority of critical legal discussion has concerned those that occurred in 2009, 2013 and 2014. In the media, there has been controversy surrounding LEPRA provisions relating to the power of police to conduct searches, as well as what constitutes reasonable use of force.
In Australian criminal law, reasonable and probable grounds most prominently regulates police officers as a precondition of the exercise of certain powers in their function as enforcers of the law. Based on Australian common law, it is a prerequisite of most police powers. In Canada, it is defined as the point where probability replaces suspicion based on a reasonable belief; reasonableness is a legitimate expectation in the existence of specific facts, and the belief in individual circumstances can be "reasonable without being probable." Less-clearly defined in Australia, it depends on the circumstances of a case and often involves an assessment of the circumstances of a potential crime.
References
- 1 2 "About HM Courts & Tribunals Service". Hmcourts-service.gov.uk. 2011-04-01. Retrieved 2013-07-30.
- 1 2 3 4 5 "S125A of the Magistrates Courts Act 1980". Statutelaw.gov.uk. Retrieved 2013-07-30.
- 1 2 3 4 5 6 7 8 9 10 S125B of the Magistrates Courts Act 1980, amended by Para 239, Schedule 8 to the Courts Act 2003
- ↑ Certified bailiff register held by the ministry of justice, which includes the register of authorised enforcement agencies.
- 1 2 3 4 5 6 7 8 9 10 11 "Schedule 4A to the Magistrates Courts Act 1980". Statutelaw.gov.uk. 2011-05-27. Retrieved 2013-07-30.