Applying for a search warrant... what do they need?

[MontyVeda]

As the title says really. In order to gain a search warrant to enter and search my home, what do 'they' need?

I understand that a magistrate has to authorise a search warrant, so is it a case of them just asking for one for an address... or do they need some sort of evidence to present to the magistrate??

 

[G3CWI]

http://www.inbrief.co.uk/police/police-entry-and-search-powers/

 

[glasgowcyclist]

As the title says really. In order to gain a search warrant to enter and search my home, what do 'they' need?

I understand that a magistrate has to authorise a search warrant, so is it a case of them just asking for one for an address... or do they need some sort of evidence to present to the magistrate??

Firstly, who are "they"?

GC

 

[glasgowcyclist]

Is it TV Licensing folk?

GC

 

[G3CWI]

...perhaps it's the helmet inspectors?

 

[MontyVeda]

Is it TV Licensing folk?

GC

aye... not had a telly since 2002, but have had loads of threatening letters, which I've been ignoring since around 2005*. As far as I'm aware, they've opened around seven investigations on my property, yet no one's knocked on the door, and they still call me 'the occupier' (amazing powers of investigation that!)

so if they do turn up with a warrant, I'd like to be able to ask on what grounds it's been issued. I know that i don't watch or record live telly, and haven't used the iPlayer since July (when a licence wasn't required) ...so would they have any grounds to enter and search my property without any evidence that i've broken the law?

*I used to jump through their hoops, fill in the form, post it back, tell them online and by telephone, only to be ignored and the threatening letters have started again within months.. hence me ignoring them.

 

[Roadrider48]

Not being funny.
But if you genuinely don't have a tv, why don't you just let them in to see for thereselves?

 

[slowmotion]

Not being funny.
But if you genuinely don't have a tv, why don't you just let them in to see for thereselves?

Why should he?

 

[Roadrider48]

Why should he?

Ok. Just a suggestion.

 

[subaqua]

...perhaps it's the helmet inspectors?

or worse !

 

[Profpointy]

Why should he?

well only if they actually turn up with a search warrant

 

[Chromatic]

Why should he?

To resolve the situation in an amicable and non-confrontational manner?

 

[slowmotion]

To resolve the situation in an amicable and non-confrontational manner?

The TV licensing people send out bullying letters as a matter of policy, and they expect the recipient to pay for a stamp so that their database can be updated free of charge. That gets up the snouts of some people.

 

[Nibor]

TV licencing would need evidence to get a warrant to search a property and it would be a long drawn out process. They will continue to pursue you through letters which if ignored may lead to a visit from an enforcement officer (who has no right of entry at all) who will come and ask if you have or use a TV which you will tell him you do not and they will leave you alone for a little bit. The letters are deliberately threatening as nice letters get no response. It is unlikely they will pursue a search warrant unless they had serious evidence against you and you were a serial flagrant offender.
You have two choices respond to the letters and tell them you don't use a TV the letters will stop for a period not sure how long or ignore them and someone will knock on your door and you can tell them you haven't got a TV and the letters will stop for a while.

I am an ex TV licencing employee. Any further questions please feel free to ask.

 

[glasgowcyclist]

aye... not had a telly since 2002, but have had loads of threatening letters, which I've been ignoring since around 2005*. As far as I'm aware, they've opened around seven investigations on my property, yet no one's knocked on the door, and they still call me 'the occupier' (amazing powers of investigation that!)

so if they do turn up with a warrant, I'd like to be able to ask on what grounds it's been issued. I know that i don't watch or record live telly, and haven't used the iPlayer since July (when a licence wasn't required) ...so would they have any grounds to enter and search my property without any evidence that i've broken the law?

*I used to jump through their hoops, fill in the form, post it back, tell them online and by telephone, only to be ignored and the threatening letters have started again within months.. hence me ignoring them.

The short answer is no, they need evidence.

They don't furnish figures for warrants issued/executed even via FOI requests but from general chitchat on the web they are rare. They have to present credible evidence that you are receiving broadcasts at your unlicensed address. That means they'll need to see or hear the TV in use, or have your admission to using one, or make it up.

Having ignored their threatening letters for over eight years I'd say don't worry about this if you don't need a licence. And I've had calling cards saying an officer had visited but I saw the guy and he was just a G4S bloke doing a card drop & run. Didn't even knock the door!

It's highly unlikely that you'll be visited by TV Licensing with a warrant and this is just another of the scare tactics they use in the hope of provoking a response. Once they've got a live one they'll pay more attention to that address so don't reply to any of their correspondence.

IIRC the BBC policy is not to allow their agents to force entry, maybe @Nibor can confirm.

GC