Tuesday, March 30, 2010

Police criticised for staging mock burglaries

It was meant to be an imaginative way of hammering home the message that some householders are making life too easy for burglars. But police are under fire 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."


Photo from here.

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."

He added: "What if one of the homeowners goes on to claim something has gone missing while the officers were in the property? There is a risk of an accusation of burglary. And everyone is entitled to use reasonable force to defend their property from intruders. Conceivably an officer could have been attacked."

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