The powers library22 of 59 Entry, search and seizure

Search upon arrest

s.32Police and Criminal Evidence Act 1984

After arresting someone away from a police station, an officer may search them for danger, escape items or evidence, and for an indictable offence may search the premises where they were arrested or were immediately before.

Search upon arrest · Police and Criminal Evidence Act 1984, s.32Card 22 / 59

When you can use it

The person has been arrested at a place other than a police station
s.32(1)Reasonable grounds to believe the arrested person may present a danger to themselves or others
s.32(2)(a) and (5)Reasonable grounds to believe they may have concealed on them anything they might use to escape from lawful custody, or anything that might be evidence relating to an offence
s.32(2)(b)For premises, the arrest is for an indictable offence
s.32(6)Reasonable grounds to believe there is evidence relating to that offence on the premises
The premises are where the person was when arrested or immediately before
s.32(3)The search goes only as far as reasonably required to find those items or that evidence

What it allows

Search the arrested person for anything they might use to hurt themselves or others, to help them escape, or that might be evidence of any offence.
Enter and search premises where they were when arrested, or immediately before, for evidence of the offence they were arrested for.
In public, the person cannot be made to remove more than an outer coat, jacket or gloves, but their mouth may be searched (s.32(4)).
Seize anything found on the person that they reasonably believe the person might use to cause physical injury (s.32(8)), or might use to escape, or is evidence of an offence or obtained by one (s.32(9)). Items subject to legal privilege cannot be seized under s.32(9).

Key definitions

Reasonable grounds for believing – a higher standard than suspicion, so a search cannot be automatic on every arrest.
Indictable offence – an offence triable only on indictment or either way.
Premises – s.23: any place, including vehicles, tents and movable structures.
Separate dwellings – s.32(7): in flats or shared houses, only the dwelling where the person was and any common parts may be searched.
Immediately before – s.32(2)(b): premises where the person was when arrested or just before it.

Safeguards

Premises searches under s.32 are covered by PACE Code B (para 2.3(b)).
Give the occupier a Notice of Powers and Rights unless impracticable (Code B para 6.7).
Search only to the extent needed. Stop once the item is found or it is clear it is not there (Code B paras 6.9 to 6.9B).
The officer in charge must record the search, including the grounds for any seizure (Code B para 8.1).
Code A does not apply: it covers searches without first making an arrest (Code A 1.03).

Good to know

Exam trap: the person may be searched for evidence of any offence, but premises only for evidence of the arrest offence.
s.32 needs no authorisation, unlike most s.18 searches.
Items found on premises are seized under the general power in s.19.
The premises search must be made at the time of the arrest. Returning hours later is not covered (R v Badham 1987, Crown Court); consider s.18.
Searches at the police station fall under s.54 (custody officer), not s.32.

Legislation: Police and Criminal Evidence Act 1984, s.32 (opens legislation.gov.uk in a new tab)
Who can use it: A constable
Last checked: 3 November 2026, against the current law on legislation.gov.uk

Search upon arrest: questions people ask

When can the police use search upon arrest?

1. The person has been arrested at a place other than a police station 2. Reasonable grounds to believe the arrested person may present a danger to themselves or others 3. Reasonable grounds to believe they may have concealed on them anything they might use to escape from lawful custody, or anything that might be evidence relating to an offence 4. For premises, the arrest is for an indictable offence 5. Reasonable grounds to believe there is evidence relating to that offence on the premises 6. The premises are where the person was when arrested or immediately before 7. The search goes only as far as reasonably required to find those items or that evidence

Who can use search upon arrest?

A constable.

What law gives the power for search upon arrest?

Police and Criminal Evidence Act 1984, s.32.

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