Police Powers- Stop And Search 😊 Flashcards
Where can stop and search rules be found?
- act
- section
- code
Police and criminal evidence act 1984
Sections 1-7
Code A
Police can stop anyone or vehicle if they have …………… that the person or vehicle has ……… or ……….
Reasonable suspicion
Stolen goods
Prohibited items
What three items can a police officer ask you to remove in public?
Outer coat
Jacket
Gloves
Is a garden a public place?
Yes if it isn’t their property, if it is then police need a warrant as it is trespassing
What must an officer tell a suspect on a stop and search?
- Name and station
- Purpose of stop
- Legal grounds for stop
Which act states the rules for equality and what does it state?- Stop and search
Equality act 2010- searches must be conducted fairly and responsibly eliminating all discrimination and stereotypical views
Why must stop and searches be carried out efficiently?
To ensure that they case isn’t void or acquitted
Two steps to reasonable suspicion for S+S….
- Officer must’ve formed a general suspicion individually that they will find the object in question
- The suspicion that the object will be found must be reasonable
Explain the importance of gang insignia to a S+S
If there is reasonable evidence that a group or gang carry a prohibited item and wear a distinctive type of clothing then they can be stopped on the grounds of reasonable suspicion
When might organised protest groups come under reasonable suspicion?
If members of an organised protest group have previously brought items intended to cause damage to support their aims, if they have them on them now or they have reasonable suspicion to believe they will bring these items to the next protest
What might class as reasonable evidence?
- intelligence from the police
- no intelligence but unusual behavioural traits
Explain police questioning on the stop and search?
They can question them before the search- released if they can explain their action
If questioning provides reasonable grounds or new evidence then they can be searched even though there were no grounds at the beginning
What force can the police use?
Reasonable force- not excessive
What other physical touching can an officer perform on the initial S+S?
Place hands in pockets
Feel around inside of collars, socks and shoes
May ask for the removal of headgear if they believe it is for disguise purposes
Where can an officer perform an intimate search?
Must be conducted at a nearby police station or at a location near to the stop
What information about the stop must be recorded? And what mustn’t?
How many records are made?
Must: ethnicity, date, time and place
Mustn’t: name, address, date of birth
Two- one given to the person and one kept by the police
Further powers added to the police for stop and search?
- the misuse of drugs act 1971 - reasonable grounds with no evidence
- terrorism act 2000- people can be stopped whether there are reasonable grounds or not
- the criminal justice and public order act 1994- they can stop and search if they anticipate violence
Stop and search key figures? X2
Only 9% of stop and searches lead to arrest
Black people are 6 times more likely to be stopped than whites
Example of a miscarriage of justice
Osman VS Dpp- failure to give name