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Criminal Defence | England & Wales

Can the police search my home after an arrest?

The powers police use to search homes and other premises after arrest or with a warrant, what they can take, and how to get property back.

Reviewed by
Paris Theodorou
· Principal Solicitor · Last reviewed
November 4, 2026

KEY ANSWER

The position in brief

Yes, in defined circumstances. After an arrest for an indictable offence, police can search premises the arrested person occupies or controls for evidence of that offence or a connected or similar one, usually with written authority from an inspector (PACE section 18). After an arrest for an indictable offence they can also search where the person was arrested or had been immediately before (section 32), or enter with a warrant from a magistrate (section 8). The occupier should be given a notice of powers and rights, and officers can seize items they reasonably believe are evidence.

Legal issues

The main powers

  • Section 18: after arrest for an indictable offence (which includes either-way offences), premises occupied or controlled by the arrested person, where there are reasonable grounds to suspect relevant evidence is there.
  • Section 32: after arrest for an indictable offence, premises where the person was when arrested or immediately before, for evidence of that offence.
  • Search warrants: issued by a magistrate under section 8 or other statutes, setting out the premises and what is sought.
  • Consent: police can search with the occupier's written consent, which can be refused.

What can be seized

Items the officer reasonably believes are evidence or were obtained through an offence (section 19). Material subject to legal professional privilege must not be seized.

Evidence that matters

Ask for, and keep, the notice of powers and rights and any warrant. Note what was taken, by whom and when, and photograph any damage. Police should record the search and the items seized.

Reasonable lines of enquiry

Questions a solicitor will check

  • Was the offence indictable, and was written authority given?
  • Did the search stay within premises the arrested person occupies or controls?
  • Did the search go beyond what was reasonably needed to find the evidence?

What happens next

Seized items can be kept as long as necessary for the investigation or proceedings (section 22). Phones and computers are often kept for examination; see police device seizure and digital evidence. If property is not returned, an application can be made to the magistrates' court.

Immediate steps

  • Do not obstruct the search.
  • Ask for the officer's name, the power being used and the notice of rights.
  • Tell officers if any material is legally privileged, such as letters from a solicitor.

What should you send us?

Send the notice of powers and rights, any warrant, the list of items seized and photographs of any damage.

Legal information from Theodorous. The law and procedure can change and the application of the law depends on the facts. This guide is general information, not advice on your individual case.

HOW WE CAN HELP

What Theodorous can do

We can check whether the search was lawful, advise at interview on anything found, and seek the return of property. See police station representation.

FREQUENTLY ASKED QUESTIONS

Questions before your next step

Can they search a family member's room?

Under section 18 the search is of premises the arrested person occupies or controls. In a shared home, which parts that covers depends on the facts. A warrant may cover the whole address.

Do I have to be there?

No. Police can search with lawful authority whether or not the occupier is present.

How do I get my things back?

Ask the officer in the case first. If property is kept longer than necessary, an application can be made to the magistrates' court under the Police (Property) Act 1897.

NEXT STEP

Get advice after a police search

Call 0843 636 7687 or email [email protected] with the notice and the list of items taken.

Get advice after a police search