POWERS OF POLICE.

Manawatu Standard, Volume LVII, Issue 158, 5 June 1937, Page 2

POWERS OF POLICE.

MAGISTRATE’S RULING

Per Press Association

WELLINGTON, June 4,

The legal position as to the powers of the police to force an entry to an hotel was set out by the Magistrate (Mr E. Stillwell) in a case of alleged obstruction which came before him today and which he dismissed. He pointed out that Section 228 provided for a search warrant in the case of unauthorised selling or keeping for sale in unlicensed premises, and authorised the use of force if need be to enter for examination and search, but that was the only section of the Act which authorised the use of force for detecting or preventing the violation of the Licensing Act. Had a demand for entry been made in this ease no doubt reliance would have been placed on the section requiring admittance without delay. The action of a sergeant in rushing the door was in. this case in excess of his statutory power and he, therefore, was not acting in the execution of his duty. The police case was that, on approaching the premises, the sergeant noticed the door open a few inches and a face peering out. When the door began to close ho rushed it and forced an entry.