Police accused of trespass after 'burgling' 50 homes... to show owners how insecure they are
By Luke Salkeld
Last updated at 4:31 PM on 29th March 2010
When it comes to fighting crime, a certain understanding of the criminal mind is essential.
But the police have been criticised for their attempts to prevent a spate of house thefts - by committing the burglaries themselves.
Officers have been entering private homes through open windows or unlocked doors, supposedly as a warning to residents about a lack of security.
Once inside, officers pick up any valuable items they see such as iPods or purses and leave them in a 'swag bag' for the owner to find.
Police Community Support Officer Sarah Giles with the 'swag bag' left as a reminder to residents. It filled with valuable items the police find in the homes
They also leave a letter explaining how easy it was to break in, with a recommendation to the homeowner to lock their doors and windows.
Officers in Exeter, Devon, have so targeted around 50 properties in the first month of the scheme.
But some residents and legal experts have slammed the initiative as 'trespass' and say it is an invasion of privacy.
Resident Mike Parsons said: 'Talk about a police state. Since when have members of the constabulary been allowed to enter into someone's private property uninvited and without a warrant?'
He asked: 'How long before a police officer is attacked and fatally wounded by a worried householder who hears a noise downstairs and then attacks an intruder? This is trespass, plain and simple.'
Criminal law experts have also described the scheme as 'incredibly risky' as police are normally required to have a warrant to enter a residential property.
Neil Scott, of Foot Anstey solicitors, said: 'No-one has the automatic right of entry to someone else's property without consent.
'That applies to police officers and members of the public, and whether it is unsecured is irrelevant.
'Police need a warrant from a magistrates court if they wish to do this or they may enter a property if they believe an offence is being committed.
'With regard to this initiative, they neither had a warrant nor were they dealing with an offence.'
He continued: 'What if one of the homeowners goes on to claim that something has gone missing while the officers were in the property?
'There is a risk of an accusation of burglary.
'And everyone is entitled to defend their property from intruders. Conceivably, an officer could have been attacked.
'If the police then tried to prosecute this as assaulting a police officer, the homeowner would have a strong legal defence.'
The controversial operation has so far involved officers from Devon and Cornwall Police and police community support officers.
Devon and Cornwall police say there has been a recent increase in burglaries in student accommodation in the St.James area of Exeter - especially those that are multi-occupancy houses.
Neighbourhood Team Sergeant Andy Nordqvist said: 'The neighbourhood policing team have been working closely with the residents and the university to educate students as to the dangers of leaving their homes unsecured.
'It was clear that they were not heeding our advice and an innovative approach was needed. We were very careful to ensure that no criminal offences were committed.
'Laptops, mobile phones and keys were left on display for any potential burglar to steal and we were supported by the student community wardens from the university throughout the operation.
'Should we receive any complaints, these would obviously be investigated in the appropriate manner.'
He added: 'Everyone the officers spoke to was very grateful for the advice they received and we have not received a single complaint from the householders.'
Neighbourhood beat manager PC Rob Bolt added: 'Officers were able to walk into people's homes and place the swag bags in the properties while we could hear them upstairs.'
Exeter Police Commander Supt John Vellacott said: 'Burglaries in the city are 25 per cent down because of pro-active policing.
'Around 50 per cent of burglaries are due to inadequate home security.'
But Matthew Elliott, Chief Executive of the TaxPayers' Alliance, said: 'It is totally unacceptable for police to enter homes without permission, supposedly in order to deliver a crime prevention message.
'Officers are there to enforce the law but that does not mean that they are above it.
'Taxpayers want their money to be spent on police going out fighting the real criminals, not breaking into ordinary, law-abiding people's houses and telling them what to do.'
