Section 28E — Immigration Act 1971: Entry and search of premises following arrest.

Entry and search of premises following arrest. 28E 1 This section applies if a person is arrested for an offence under this Part at a place other than a police station.

2 An immigration officer may enter and search any premises—

a in which the person was when arrested, or b in which he was immediately before he was arrested, for evidence relating to the offence for which the arrest was made (“ relevant evidence ”).

3 The power may be exercised—

a only if the officer has reasonable grounds for believing that there is relevant evidence on the premises;

and b only to the extent that it is reasonably required for the purpose of discovering relevant evidence.

4 In relation to premises consisting of two or more separate dwellings, the power is limited to entering and searching—

a any dwelling in which the arrest took place or in which the arrested person was immediately before his arrest;

and b any parts of the premises which the occupier of any such dwelling uses in common with the occupiers of any other dwellings comprised in the premises.

5 An officer searching premises under subsection (2) may seize and retain anything he finds which he has reasonable grounds for believing is relevant evidence.

6 Subsection (5) does not apply to items which the officer has reasonable grounds for believing are items subject to legal privilege.