Powers Of Stop And Search Flashcards
What are the 3 safeguards to protect a person getting searched?
1) name of police officer
2) name of station
3) reason for search
Osman V DPP
The police officers didn’t give their names and station so the court held that the search was unlawful. Therefore he couldn’t be guilty of assaulting the police in the execution of their duty
Michaels v Highbury Corner Magistrates Court
Michael swallowed the drugs that were in his mouth when police searched him (told him not to swallow)
He was convicted/charged but he made an appeal because the police didn’t give their name/station therefore the case was quashed
What does section 2(9) state?
If the search is in public police can only ask the suspect to remove outer coat jacket and gloves
What does section 3 state?
The police officer must write a written report as soon as possible after the search and the officer must provide this
What does code A state?
A police must not act because of a persons characteristics like their dress style age and race. There’s evidence that certain types of people are more like to get stopped compared to other groups like black youths
In which situation can suspicion be based on appearance?
When there is reliable information that groups/gangs carry prohibited articles unlawfully and they were a distinctive type of clothing to show that they are members of a gang. The clothing may be reasonable grounds to stop and search a person
Other than pace what other acts give police the right to stop and search a person?
Misuse of drugs act 1971
Terrorism Act 2000
Criminal justice and public order act 1994
What does section 1 give the police the right to do?
To stop and search a person or vehicle in a public place but they must have reasonable grounds for suspecting that the person is in possession of (or vehicle contains) stolen goods or prohibited items
