HW Legal
Can municipal police officers enter private property? Picture a familiar scene: a noisy party is going on in the yard of a family home, late into the night. The neighbours call the municipal police about the disturbance. The officers arrive, but find themselves standing in front of a closed gate onto private property. Are they allowed to go in?
A recent Supreme Court decision has produced some important answers to this question. In its ruling of 19 July 2023 (case no. 8 Tdo 636/2023), the court dealt with a case in which a driver tried to drive his vehicle at officers who were intervening on the premises of a private company.
The legal status of the municipal police
The municipal police is a body of the municipality, established as part of its own self-governing powers. Its main job is to look after local public order. Even though it is set up under the municipality's own powers, special laws expressly authorise it to take on further tasks as well, including duties that fall under the state functions delegated to the municipality. Given the scope of its powers and responsibilities, the municipal police counts as a public authority.
Where can the municipal police operate?
The reach of the municipal police is defined by the territory of the municipality — which the law describes as the basic self-governing community of citizens forming a territorial unit marked out by the municipality's borders. This means officers can exercise their powers throughout the whole municipality, not only in public spaces. They may operate in another municipality only where the two municipalities have concluded a public-law agreement allowing it, or, in exceptional cases, in temporary situations (such as pursuing an offender or responding to an emergency).
When officers may enter private property
Breaches of local public order obviously don't happen only in public spaces. That is why the Municipal Police Act allows officers to enter any land within the municipality, including private property, when they are carrying out duties under Act No. 553/1991 Coll., on the Municipal Police, or under other special legislation — specifically, where there is reasonable concern that a person's life or health is at risk, or that significant damage to property is imminent.
Another ground for entering private property can be acting out of necessity, which rules out criminal, administrative, and civil liability.
A real case from the real world
In the case before the Supreme Court, the officers entered the grounds of a private company after the defendant's wife told them that her husband was under the influence of alcohol and wanted to drive off in his car. The court confirmed that their entry was lawful under Section 16(1) of the Municipal Police Act, which permits entry onto private property where there is reasonable concern for someone's life or health, or a threat of significant property damage.
By contrast, committing the offence of disturbing the peace at night under Act No. 251/2016 Coll. usually doesn't create a situation serious enough to raise real concern for anyone's life or health. So when dealing with this kind of offence, officers will first ask people to prove their identity, and can then decide whether to resolve the matter on the spot or pass it on to the relevant administrative authority.
Keeping the status of a public official
An important conclusion the court reached was that officers enjoy the protection given to public officials even when intervening on private property, provided they act within their legal powers. So as long as they don't step outside what the law allows, they keep this status even away from public spaces.
In summary
Both the current case law and the legislation make it clear that municipal police officers may enter private property when they have a legal reason to do so. This power is not unlimited — it must always be grounded in the performance of statutory duties or in a reasonable concern that protected interests are at risk. Where those conditions are met, officers enjoy the full protection of public officials, which is essential for effectively maintaining public order and safety in the municipality.
Were you on the receiving end of a police intervention?
Do you feel that a municipal or state police officer went beyond what the law allowed during an intervention — on your property or elsewhere? It's worth knowing that an unlawful entry or an overstepped power doesn't just end there: it can have a real impact on any proceedings that follow, and evidence gathered that way can sometimes be challenged.
If you're not sure whether the officers acted within their powers, talk to us. We have experience with these cases and can tell you where you stand.