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Can policeman answer this...the old "can I use the loo" trick

[Deleted User][Deleted User] Posts: 3,306
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in UK TV Shows #1
I have lost track the times I have watched Detectives go into a suspects home, one keeps them talking while the other asks for the loo, then snoops around, so was wondering if that can ever happen in real police life.

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    degsyhufcdegsyhufc Posts: 59,251
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    #2
    Going by tv cop/law dramas they'd have to have a warrant to produce any evidence. If not then that evidence wouldn't be allowed.

    If the person confessed becuase of what a snooping copper found then the lawyer would bring that up and that confession would be dismissed.
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    jsmith99jsmith99 Posts: 20,382
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    #3
    It's also used by visiting fake psychic mediums, as shown in the derren brown expose of that liverpool bloke. And, yes, I know that "fake" is tautological.
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    walterwhitewalterwhite Posts: 56,944
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    #4
    myscimitar wrote: »
    I have lost track the times I have watched Detectives go into a suspects home, one keeps them talking while the other asks for the loo, then snoops around, so was wondering if that can ever happen in real police life.

    Inadmissable in court unless they had permission to search.
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    [Deleted User][Deleted User] Posts: 3,306
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    #5
    walterwhite wrote: »
    Inadmissable in court unless they had permission to search.

    Most times, they spot something, that then leads to other evidence that can be used.. So was still wondering if it has every been done, even just to snoop round, with out using the evidence...
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    big brother 9big brother 9 Posts: 18,153
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    #6
    wouldnt they need a warrant? i suppose they could ask and as a respected person it would be up to you to let them in
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    walterwhitewalterwhite Posts: 56,944
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    #7
    myscimitar wrote: »
    Most times, they spot something, that then leads to other evidence that can be used.. So was still wondering if it has every been done, even just to snoop round, with out using the evidence...

    It could help them find other evidence yes, but if they were to stand up in court and say they discovered evidence by snooping around it would be inadmissable.
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    lundavralundavra Posts: 31,790
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    #8
    I thought, from the police reality programmes, that they now have quite wide powers to search a suspects house.
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    bargepolebargepole Posts: 344
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    #9
    walterwhite wrote: »
    Inadmissable in court unless they had permission to search.
    True in the US.

    But not in the UK. Even if the evidence was obtained by unlawful means, it can still be used in court.
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    Kat_12Kat_12 Posts: 1,532
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    #10
    bargepole wrote: »
    True in the US.

    But not in the UK. Even if the evidence was obtained by unlawful means, it can still be used in court.

    It can, but there is a possibility of it being excluded under s.78 PACE (Police and Criminal Evidence Act 1984) if it is thought that including it may make the trial unfair in any way.
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    petelypetely Posts: 2,994
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    #11
    myscimitar wrote: »
    I have lost track the times I have watched Detectives go into a suspects home, one keeps them talking while the other asks for the loo, then snoops around, so was wondering if that can ever happen in real police life.
    Certainly used all the time by social services who aren't bound by the rules / laws of evidence and can do whatever they please.
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    primosprimosprimosprimos Posts: 1,067
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    #12
    Kat_12 wrote: »
    It can, but there is a possibility of it being excluded under s.78 PACE (Police and Criminal Evidence Act 1984) if it is thought that including it may make the trial unfair in any way.

    Really? Wow. But why even let them in if they don't have a warrant?

    I'm assuming Detectives isn't the same as The Detectives, a bang on wonderful documentary on Netflix about the isn't it grand he's dead Saville and his odious toady hope he dies in jail Teret.

    What a shame the girls couldn't talk to their parents and that the parents let Teret get away with his crimes.

    Very tough to watch, but just brilliant.
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    Eagle9aEagle9a Posts: 20,067
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    #13
    I believe a Section 18 search can be conducted, on the premises owned or occupied by the suspect, without a warrant if the suspect has been arrested for a particular crime. God only knows what happens, if as a result of that search, evidence is found of another crime.

    For example, suspect arrested for receiving stolen goods, police search house for said stolen goods and find a dismembered body.
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    lundavralundavra Posts: 31,790
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    #14
    Eagle9a wrote: »
    I believe a Section 18 search can be conducted, on the premises owned or occupied by the suspect, without a warrant if the suspect has been arrested for a particular crime. God only knows what happens, if as a result of that search, evidence is found of another crime.

    For example, suspect arrested for receiving stolen goods, police search house for said stolen goods and find a dismembered body.

    And they tend to quite freely arrest people now when in the past they would only been questioned, then if they are lucky, de=arrest them.
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