Correct on the date of publication - 22 December 2025
Question:
Where a search warrant is executed at a domestic dwelling, have officers got the power to search vehicles parked on the drive and on the street which belong to the occupiers?
Answer:
The legality of police conduct in the execution of a search warrant will often depend on the precise wording of the warrant.
By virtue of section 23 PACE, the term "premises" includes, amongst other matters, any vehicle, vessel and any tent or moveable structure. From this it can well be argued that if a search warrant were to be couched in the terms of "authorised to search premises situated at (specify address) the warrant would authorise search of vehicles on the premises at that address, irrespective of who they might belong to, as well as the dwelling itself.
The searching of the vehicles should not be an automatic element of the operation, or done purely as a matter of routine. A search under the warrant may only be a search to the extent required for the purpose for which the warrant was issued, (section 16(8)). A contravention of this principle would make the entire search unlawful, see Regina v Chief Constable of Warwickshire, ex parte Fitzpatrick (1997).
Whilst a search warrant might authorise the search of vehicles parked on the drive of the property or within the curtilage of it, the warrant will not automatically extend to authorise search of vehicles parked in the street adjacent to the premises. Therefore, specific provision needs to be made in the warrant for such vehicles.
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