Correct on the date of publication - 9 February 2026
Question:
Police receive a report of a male in a vehicle smelling strongly of cannabis and acting suspiciously. Police attend but the male is no longer present and the vehicle is locked and secure. Do the police have a power to enter and search the vehicle under the Misuse of Drugs Act 1971?
Answer:
Under section 23(2)(b) of the Misuse of Drugs Act 1971 an officer must suspect the occupants of the vehicle, not simply that the vehicle itself has been used in connection with a drug offence.
The power under section 23(2)(b) requires reasonable grounds to suspect that a person possesses controlled drugs, in order to search a vehicle in which the drug may be found, effectively linking the person and the vehicle. It is simply not enough to suspect the vehicle to have been used in connection with a drug offence to satisfy use of the power.
This was confirmed in the case of R v Littleford [1978] Crim LR 48 where it was held that an officer must suspect the occupants of the vehicle to be searched, not simply that the vehicle itself has been used in connection with a drug offence. In this case, a police officer reasonably believed that L's car had been involved in drug trafficking. He searched the vehicle and found cannabis resin. It was held that the Misuse of Drugs Act 1971 section 23 gave police power to search any person or vehicle when they had reasonable grounds to suspect that the person was in possession of a controlled drug. Here the vehicle was suspected, not L. Although the evidence obtained was still admitted in this particular case, it was concluded that it was illegally obtained.
Therefore, the stop and search power under section 23(2)(b) should not be used to enter and search an unattended vehicle. In order to enter and search an unattended vehicle, we would advise that a warrant be obtained. Consideration could be given to obtaining a warrant under section 23(3) of the Misuse of Drugs Act 1971, despite the fact that the person in possession of the those drugs is, as yet, unidentified. This allows a justice of the peace to grant a warrant to enter and search premises if there are reasonable grounds to suspect that controlled drugs are in the possession of a person on any premises. Alternatively, consideration could be given to obtaining a warrant under section 8 of the Police and Criminal Evidence Act 1984 which would provide officers with a power to enter and search the vehicle, and seize and retain anything for which a search has been authorised. Should there be concerns that the vehicle or drugs will be moved, the vehicle could be monitored whilst a warrant is obtained.
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