united-kingdom police search-and-seizure self-defense hypothetical
What is a legal response if police illegally try to enter your home?
<p>Say the police turn up at your house with a search warrant. They show it to you, and it is more than <a href="https://www.app.college.police.uk/app-content/investigations/investigative-strategies/search-powers-and-obtaining-and-executing-search-warrants/#execution-" rel="nofollow noreferrer">3 months old</a> and so invalid, and therefore does not give them the right to enter your house.  You tell them, but they still try to force entry in a way that makes you fear for your life.</p>
<p>If this was not police, then you would be legally able to respond with force, including lethal force if required.  This is the police, but they are engaged in illegal activity.  What actions are you allowed to take to protect yourself in this situation?</p>

<p>Anyone can use <em>reasonable</em> force to remove a trespasser from thier home, and anyone can use <em>reasonable</em> force to in self defence if they have an honestly held belief that they, or someone else, is in fear of imminent violence. There is no precise legal definition of what is reasonable and each case will be considered in light of its particular circumstances and merits.</p>
<p>In <a href="/questions/tagged/england-and-wales" class="post-tag" title="show questions tagged &#39;england-and-wales&#39;" rel="tag">england-and-wales</a>, if the officers were executing an invalid warrant - and importantly had no other legal power of entry - they (on the information provided) would be not be &quot;<em>acting in the execution of their duty</em>&quot; so would be trespassing.</p>
<p>Some relevant case law is <a href="https://www.google.co.uk/amp/s/www.casemine.com/judgement/uk/5b46f1f12c94e0775e7ee8d8/amp" rel="nofollow noreferrer">Khan 2008</a> and <a href="https://www.casemine.com/judgement/uk/5c739b962c94e03b441dc05d" rel="nofollow noreferrer">Cheeseman 2017</a>. The latter is a &quot;Householder Case&quot; that uses (unsuccessfully) the defence under <a href="https://www.legislation.gov.uk/ukpga/2008/4/section/76?timeline=false" rel="nofollow noreferrer">s.76 of the Criminal Justice and Immigration Act 2008</a>.</p>
<p>In <em>Khan</em> the police used s.18 PACE (a non-warranted power of entry and search) without meeting the statutory requirements and were duly sued in civil court for trespass - Khan was awarded £1,250 in damages.</p>
<p><em>Cheeseman</em> was convicted of wounding with intent to do grievous bodily harm (but acquitted of attempted murder) of a trespasser after failing in his claim that he acted self-defence.</p>
