Police Powers - Stop & Search Flashcards
Explain section 1 of PACE?
Define a “public place”
Police can stop and search persons or vehicles in a public place or a place to which the public have access if there are reasonable grounds to suspect they will find stolen or prohibited articles
A place to which the public have access to and is not a dwelling
What is code A paragraph 2.2
What is the first element of the two stage test?
What is the second element of the two stage test?
Gives guidance on reasonable suspicion and presents a two stage test
The officer must have genuine suspicion that they will fin the stolen or prohibited object
The suspicion must be reasonable and have an objective basic (intelligence, facts or specific behavior) and cannot be based on personal factors or characsteristics protected under the Equality Act 2010
What is section 117 PACE?
Allows police to use reasonable force while carrying out a stop and search
What is section 2 PACE?
What case shows what could happen if this is section is not followed?
Before carrying out a stop and search police must follow correct procedure and bring five things to the attention of the suspect including the officers identiy, the station at which they work and the grounds for the search.
R v Bristol - Officer failed to identify himself so the stop and search was rendered unlawful. Could lead to evidence being made inadmissible in court
What is section 2(3) PACE?
What is section 2(9) PACE?
Police officers not in uniform must provide documentary evidence of their ID
A suspect can be asked to remove their outer coat, jacket and gloves in public. Headgear and footwear can be removed but in private and in the presence of an officer of the same sex.
What is Section 3 PACE?
Police must make a written record of the search unless it’s not practicable to do so and there are exceptional circumstances
