If someone enters your property without your permission, or the correct authority in place, you are entitled to sue them for trespassing. This includes both property you own and rented property if you are a tenant. You can also sue somebody for trespassing if you let them into your home but won’t leave when you ask them to. The only time this becomes a bit grey is if you are neither the tenant nor the owner, merely someone in the house at the time. You can only sue for trespass in this instance if the owner or tenant has given you the authority to stop people from entering.
In general, these same rules also apply to the police. You are entitled to sue to police for trespassing if they enter your property;
Without your permission
Don’t have the authority to enter as in a search warrant
Rules Regarding Arresting Someone In A Property
The police are entitled by law to enter an private property in order to arrest somebody
If there is an arrest warrant out for them that was issued by a court
They are believed to have committed an arrestable offence
They have escaped from any establishment where they were legally detained
In any of the above situations the police have to have very good reason to believe who they are looking for is inside that property. They can search the property but only to check if who they are looking for is actually there.
Rules Regarding the Police Entering a Property In Order to do a Search
The police are allowed by law to enter private property in order to conduct a search in the following situations;
They have been granted a search warrant by a court
You have been arrested on leaving the said property and the police believe there is evidence in the property relating to whichever offence you’ve been arrested for.
You’ve been arrested for an offence and that property is either you home or somewhere you are in control of, for example your business.
In this last scenario, the police can only enter the property if they have good reasons to believe that there is either evidence in the property directly related to the offence you have been arrested for or evidence present that relates to a similar offence. The police will normally have to have the authority from a police inspector to enter the property to conduct this type of search.
Other Reasons Why The Police Can Enter Property
Other situations when the police ARE allowed to enter a private property is when;
They can save people from being injured or killed
They can stop serious damage happening to the property
They can stop a breach of the peace