Powers to search someone

Question 1

What power does stop and search come under?

Answer 1

s1 PACE 1984

Question 2

What power does s1 PACE provide to a police constable?

Answer 2

To stop, detain, and search any person or vehicle in a public place, as long as the officer has ‘reasonable grounds’ for suspecting that they will find stolen or prohibited articles — such as drugs, a weapon, stolen property, prohibited fireworks, or something that could be used to commit a crime.

Question 3

Under s1 PACE, what two elements must form ‘reasonable grounds for suspicion’?

Answer 3

• The officer must have formed a genuine suspicion in their own mind that they will find the object
• The suspicion that the object will be found must be reasonable

Question 4

Where must a s1 Stop & Search be conducted?

Answer 4

Any place to which the public have access to

Question 5

When searching someone under s1 PACE, what can you require them to remove?

Answer 5

Jackets
Outer Coat
Gloves

Question 6

Can a s1 Stop & Search be conducted in a dwelling?

Answer 6

No

Question 7

Where does the power for a police constable to search someone upon arrest?

Answer 7

S32 PACE 1984

Question 8

Can a police officer search someone upon arrest at a police station?

Answer 8

No, can be at any place other than a police station

Question 9

What are you looking for under s32 PACE?

Answer 9

D - Dangerous objects
I - Implements for escape
E - Evidence of an offence

Question 10

What can you require them to remove when searching under s32 PACE

Answer 10

J - Jacket
O - Outer Coat
G - Gloves

Question 11

Under s1 PACE, what can a police constable search?

Answer 11

• Any person
• Any vehicle
• Anything which is in or on a vehicle

Question 12

Under s32 PACE, when can a police officer enter and search a premises?

Answer 12

When the person is arrested for an INDICTABLE offence and the person arrested was:
- At when arrested
- At immediately before they were arrested

Question 13

If a police officer enters a premises under s32 PACE, what can they search for?

Answer 13

• Evidence relating only to the offence the person was arrested for (Must have reasonable grounds for believing the evidence is there)

Question 14

When a premises consists two or more separate dwelling areas, what is the power of search limited to under s32 PACE?

Answer 14

• Any dwelling which the arrest took place in or which the arrested person was immediately before their arrest
• Any part of the premises which the occupiers use in common with the person who is arrested (communal kitchen, bathroom)

Question 15

What power allows police officers to stop and search a person and vehicle for controlled drugs?

Answer 15

s23(2) Misuse of drugs act 1971

Question 16

What power does s23(2) Misuse of drugs act grant to a constable?

Answer 16

If a constable has reasonable grounds to suspect that any person is in possession of controlled drugs they may:
- Detain and search that person
- Search any vehicle or vessel
- Seize anything found in the course of the search which appears to be evidence of an offence under the MOD act