Police Trespass-aggrevated trespass =criminal offence
Police accused of trespass after 'burgling' 50 homes to show owners how insecure they are
By DAILY MAIL REPORTER
Burglar Old Bill: Police officers entered 50 homes without warrants as part of an anti-crime initiative
A police force that 'burgled' people's homes to show owners why they should lock their doors has been accused of trespass.
Officers walked into residents' homes without their knowledge through unlocked doors and windows and left behind 'swag bags' packed with valuable items they found in the homes.
Some residents were at home at the time officers entered but were unaware they were being 'burgled' as part of an anti-crime drive in Exeter, Devon.
Police entered more than 50 unsecured properties in a controversial operation designed to show how easy it is for burglars to get into homes.
PC Rob Bolt, neighbourhood beat manager in the St James area of Exeter, said: 'Officers were able to walk into people's homes and place the swag bags in the properties while we could hear them upstairs.'
But critics warned police could be physically attacked as intruders or taken to court if homeowners claimed their property was damaged or missing.
Resident Mike Parsons said: 'Talk about a police state. 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.'
The lawyer Neil Scott, an expert on criminal law, 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.
'With regard to this initiative, they neither had a warrant nor were they dealing with an offence.
'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.'
Mr Scott said the police could face problems by carrying out such operations.
He said: 'What if one of the home owners goes on to claim that something has gone missing while the officers were in the property? There is a risk of an accusation of burglary.
'What if an item is damaged while they are in the property? This is also burglary, although unlikely to lead to prosecution.
'And everyone is entitled to defend their property from intruders. Conceivably an officer could have been attacked.
'If the police tried to prosecute this as assaulting a police officer, the home owner would have a strong legal defence.
'I presume the force has looked into all this but it seems to me to be a very strange course of action.'
Exeter Police Commander John Vellacott defended the initiative, saying: 'Burglaries in the city are 25 per cent down because of proactive policing.
'Around 50 per cent of burglaries are due to inadequate home security.'
Police said most of the homes they visited were multi-occupancy student accommodation properties with unsecured doors and windows.
If they are armed with baton or CS then it's actually a criminal offence.
By DAILY MAIL REPORTER
Burglar Old Bill: Police officers entered 50 homes without warrants as part of an anti-crime initiative
A police force that 'burgled' people's homes to show owners why they should lock their doors has been accused of trespass.
Officers walked into residents' homes without their knowledge through unlocked doors and windows and left behind 'swag bags' packed with valuable items they found in the homes.
Some residents were at home at the time officers entered but were unaware they were being 'burgled' as part of an anti-crime drive in Exeter, Devon.
Police entered more than 50 unsecured properties in a controversial operation designed to show how easy it is for burglars to get into homes.
PC Rob Bolt, neighbourhood beat manager in the St James area of Exeter, said: 'Officers were able to walk into people's homes and place the swag bags in the properties while we could hear them upstairs.'
But critics warned police could be physically attacked as intruders or taken to court if homeowners claimed their property was damaged or missing.
Resident Mike Parsons said: 'Talk about a police state. 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.'
The lawyer Neil Scott, an expert on criminal law, 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.
'With regard to this initiative, they neither had a warrant nor were they dealing with an offence.
'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.'
Mr Scott said the police could face problems by carrying out such operations.
He said: 'What if one of the home owners goes on to claim that something has gone missing while the officers were in the property? There is a risk of an accusation of burglary.
'What if an item is damaged while they are in the property? This is also burglary, although unlikely to lead to prosecution.
'And everyone is entitled to defend their property from intruders. Conceivably an officer could have been attacked.
'If the police tried to prosecute this as assaulting a police officer, the home owner would have a strong legal defence.
'I presume the force has looked into all this but it seems to me to be a very strange course of action.'
Exeter Police Commander John Vellacott defended the initiative, saying: 'Burglaries in the city are 25 per cent down because of proactive policing.
'Around 50 per cent of burglaries are due to inadequate home security.'
Police said most of the homes they visited were multi-occupancy student accommodation properties with unsecured doors and windows.
If they are armed with baton or CS then it's actually a criminal offence.
posted by Mr Insignificant at 12:41 pm
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