Police Seized Motorbike by breaking into shed

molerat

The argument is not about the fp and points which seems the lad was bang to rights, it is about what powers the police have in access to seize the vehicle used in the offence when it is secured.

Little Johnny is spotted walking down the street with a bag of weed, can the police just kick his door in tomorrow morning to take the weed or would they have to get a warrant first ?

mikey72

It's interesting to read of the assumptions in this thread.

Not long ago I remember all the dire warnings for someone who wanted to tow a car on the road, (bit like pushing a motorbike), and all the cries that they would be caught, no tax, no insurance.....
Only way is to trailer it.........

When it actually happens, immediately, "he must have been riding"

What's the difference here?

Rover_Driver

molerat wrote: »

Little Johnny is spotted walking down the street with a bag of weed, can the police just kick his door in tomorrow morning to take the weed or would they have to get a warrant first ?

Possibly not, but that is not a matter for s.165A Road Traffic Act 1988.

davelees

If the lad did a U turn when he saw the PCSO and put the bike in the shed, it would suggest that he had something to hide. This would be enough to have suspicion that the bike was stolen.
The bike may have been seized to enable checks to be done to see if it was a stolen hence it was done more or less straight away (the PCSO does not have the power to do this so would need to have a Police Officer to do it).

Sgt_Pepper_2

Rover_Driver wrote: »

Possibly not, but that is not a matter for s.165A Road Traffic Act 1988.

And that act comes with what power of entry?

misssarahleigh

davelees wrote: »

If the lad did a U turn when he saw the PCSO and put the bike in the shed, it would suggest that he had something to hide. This would be enough to have suspicion that the bike was stolen.
The bike may have been seized to enable checks to be done to see if it was a stolen hence it was done more or less straight away (the PCSO does not have the power to do this so would need to have a Police Officer to do it).

I see you point. My main question was does the police officer have the power to force his was via crow bar into the shed without a warrent.

Which, it seems he does

Rover_Driver

Sgt_Pepper wrote: »

And that act comes with what power of entry?

s. 165A (5) (b) & (c)

Deneb

Rover_Driver wrote: »

s. 165A (5) (b) & (c)

You're going to have to spell it out for them:


(5)Where this subsection applies, the constable may

(a)seize the vehicle in accordance with subsections (6) and (7) and remove it;

(b)enter, for the purpose of exercising a power falling within paragraph (a), any premises (other than a private dwelling house) on which he has reasonable grounds for believing the vehicle to be;

(c)use reasonable force, if necessary, in the exercise of any power conferred by paragraph (a) or (b).

(6)Before seizing the motor vehicle, the constable must warn the person by whom it appears that the vehicle is or was being driven in contravention of section 87(1) or 143 that he will seize it”

(a)in a section 87(1) case, if the person does not produce his licence and its counterpart immediately;

(b)in a section 143 case, if the person does not provide him immediately with evidence that the vehicle is not or was not being driven in contravention of that section.

But the constable is not required to give such a warning if the circumstances make it impracticable for him to do so.

(7)If the constable is unable to seize the vehicle immediately because the person driving the vehicle has failed to stop as requested or has driven off, he may seize it at any time within the period of 24 hours beginning with the time at which the condition in question is first satisfied.

"private dwelling house" does not include any garage or other structure occupied with the dwelling house, or any land appurtenant to the dwelling house.

happybiker

I have heard of 2 cases in the last year where road legal riders had their vehicles confiscated under 'Anti social behavior' legislation. 1 rider was speeding on the motorway and the other was 'revving his engine loudly whilst stopped at traffic lights'. Both cases were in the area covered by Lancashire police.

If the area the boy lives in has had problems with 'off road' riders' It may possibly be this legislation that has been used and not the road traffic acts.

More facts are needed before anyone advises on legalities.

Rover_Driver

happybiker wrote: »

I have heard of 2 cases in the last year where road legal riders had their vehicles confiscated under 'Anti social behavior' legislation. 1 rider was speeding on the motorway and the other was 'revving his engine loudly whilst stopped at traffic lights'. Both cases were in the area covered by Lancashire police.

If the area the boy lives in has had problems with 'off road' riders' It may possibly be this legislation that has been used and not the road traffic acts.

More facts are needed before anyone advises on legalities.

The OP was asking if police had the power to break into a shed without a warrant to to seize the motorcycle.

They have that power under s. 165A, The Road Traffic Act 1988 and similar power under s. 59, Police Reform Act 2002.
So it could have been either.