Search

Question 1

Why is this the most controversial of police powers

Answer 1

a search is a significant violation of someone’s rights to be searched or have their property searched, thus, must be balance against the individuals rights are freedoms

Question 2

As a preliminary point what was decided in the case of Jackson v Stevenson

Answer 2

that an officer may not search someone to try to find grounds for arrest.

Question 3

Which S of PACE provides powers for officers to stop anyone in certain circumstances and then search them

Answer 3

S 1-3

Question 4

In which case was it ruled unlawful for an officer to search without giving the suspect his name and the name of his police station

Answer 4

Osman v DPP

Question 5

Which Act and S allows for the search of a controlled substance

Answer 5

The Misuse of Drugs Act, s 23

Question 6

What does S 60(1) of the Criminal Justice and Public Order Act allow for

Answer 6

an inspector to authorise stop and search powers in a locality for 24 hours if he has reasonable grounds to believe serious violence may take place, this allows any officer to stop anyone without reasonable suspicion

Question 7

Which act allows for suspect terrorists to be S&S

Answer 7

Terrorism Act 2000

Question 8

Which S provides that a constable may stop and search someone whom he reasonably suspects to be a terrorist to discover evidence on the person.

Answer 8

S 43(1)

Question 9

What did Gillian v UK rule

Answer 9

that said s 44-47 was not complaint with the ECHR. The result was s 47A which provides that (1) a senior officer may give authorisation in a specified area if there is a reasonable belief of (a) an impending act of terror and (b) necessity in an area no greater than necessary for a time no longer than necessary.

Question 10

What is reasonable suspicion for S&S

Answer 10

a police officer may only S&S if they have reasonable grounds to believe that person is in possession of, or believe that person is in possession of, stolen goods, prohibited articles, offensive weapons, or tools to commit a burglary

Question 11

What does Code A set out in regard to reasonable suspicion

Answer 11

clarification on what amounts or doest amount to reasonable suspicion: based on iteliggence, can come from the behaviour of the suspect, cannot be based on personal characteristics

Question 12

When is the situation where the police can stop and search based on appearance

Answer 12

when there is a distinctive identification such as a gang tattoo

Question 13

What does S 54 allow

Answer 13

for search of detainees upon their arrival at a police station

Question 14

Which S authorises intimate searches

Answer 14

S 55

Question 15

Which S allows for warrants to be applied for and issued by a Justice of the police to allow for a search

Answer 15

S 8

Question 16

What are the two different types of warrant that can be applied for

Answer 16

specific premises warrant, where police know a particular address they want to search’ and all premises warrants, where the police do not know all of the addresses of the suspect.

Question 17

What was held in R (Redknapp) v Commissioners of the City of London Police

Answer 17

Redknapp was aquitted on the grounds that the Justices were not rigouros in their application of S 8 as they did not investigate whether sufficient information had been supplied. This rendered the search unlawful.

Question 18

Where are the safeguards on warrants found

Answer 18

S 15 attempts to ensure the fairness

Question 19

What was decided in R v CC Lancashire, ex p Parker

Answer 19

it was ruled unlawful to only to bring part of the original warrant to a search.

Question 20

What was decided in R (Van de Pil) v Crown Court of Kingston

Answer 20

it was unlawful to not specify the name of a known occupier.

Question 21

What was decided in DPP v Meadon

Answer 21

it was acceptance for the police to put all the occupants of a house in a clean room before proceeding to search the rest of a house; an assault on an officer managing was upheld.

Question 22

What are excluded materials

Answer 22

according to s 9-14 of PACE are medical records, journalistic material and legal material

Question 23

When will police be able to seize excluded material

Answer 23

with the permission of a circuit judge under Sch 1 of PACE

Question 24

Where are the general powers of seizure found

Answer 24

S 19

Question 25

Which S allows for finger printing with consent

Answer 25

s 61, but if under 14 a parent must given consent

Question 26

when is consent not required to take finger prints

Answer 26

where a person’s name is not known or where the person has been arrested and detained for a recordable offence, or convicted of a recordable offence

Question 27

Which S of PACE provides for the DNA samples to be take with consent

Answer 27

S 62-65

Question 28

what type of samples may be taken without consent where there is detention, charge or a conviction

Answer 28

non-intimate including mouth swabs

Question 29

when can non-intimate samples be taken without consent

Answer 29

if authorised by a superintendent of above who has reasonable grounds for believing that the sample will confirm/disprove the suspects involvement and reasonable force may be used to take them

Question 30

If a superindtented authorises an intimate search who must conduct it

Answer 30

a doctor or a nurse

Question 31

When may an intimate sample be taken

Answer 31

with the suspects consent in writing, thus the suspect can refuse consent but a court or a jary may draw its own inferences to a refusal.

Question 32

What was held in S & M v UK

Answer 32

The ECHR held that the indefinite detneiton of DNA samples of people not convicted was a breach of art 8 of the EconHR

Question 33

What was enacted as a result of the decision in S & Marper v UK

Answer 33

Protection of Freedom Act 2012, the time limit for the retention of fingerprints and DNA for a person neither charged or convicted is 3 years unless the suspect has a previous conviction for a recordable offence. Under these circumstances information may be kept indefinitly.

Question 34

What does S 177 provide for

Answer 34

General power applying to the police to use reasonable force when they exercise any of the powers under PACE.