Search Flashcards
Why is this the most controversial of police powers
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
As a preliminary point what was decided in the case of Jackson v Stevenson
that an officer may not search someone to try to find grounds for arrest.
Which S of PACE provides powers for officers to stop anyone in certain circumstances and then search them
S 1-3
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
Osman v DPP
Which Act and S allows for the search of a controlled substance
The Misuse of Drugs Act, s 23
What does S 60(1) of the Criminal Justice and Public Order Act allow for
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
Which act allows for suspect terrorists to be S&S
Terrorism Act 2000
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.
S 43(1)
What did Gillian v UK rule
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.
What is reasonable suspicion for S&S
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
What does Code A set out in regard to reasonable suspicion
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
When is the situation where the police can stop and search based on appearance
when there is a distinctive identification such as a gang tattoo
What does S 54 allow
for search of detainees upon their arrival at a police station
Which S authorises intimate searches
S 55
Which S allows for warrants to be applied for and issued by a Justice of the police to allow for a search
S 8
What are the two different types of warrant that can be applied for
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.
What was held in R (Redknapp) v Commissioners of the City of London Police
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.
Where are the safeguards on warrants found
S 15 attempts to ensure the fairness
What was decided in R v CC Lancashire, ex p Parker
it was ruled unlawful to only to bring part of the original warrant to a search.
What was decided in R (Van de Pil) v Crown Court of Kingston
it was unlawful to not specify the name of a known occupier.
What was decided in DPP v Meadon
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.
What are excluded materials
according to s 9-14 of PACE are medical records, journalistic material and legal material
When will police be able to seize excluded material
with the permission of a circuit judge under Sch 1 of PACE
Where are the general powers of seizure found
S 19
Which S allows for finger printing with consent
s 61, but if under 14 a parent must given consent
when is consent not required to take finger prints
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
Which S of PACE provides for the DNA samples to be take with consent
S 62-65
what type of samples may be taken without consent where there is detention, charge or a conviction
non-intimate including mouth swabs
when can non-intimate samples be taken without consent
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
If a superindtented authorises an intimate search who must conduct it
a doctor or a nurse
When may an intimate sample be taken
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.
What was held in S & M v UK
The ECHR held that the indefinite detneiton of DNA samples of people not convicted was a breach of art 8 of the EconHR
What was enacted as a result of the decision in S & Marper v UK
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.
What does S 177 provide for
General power applying to the police to use reasonable force when they exercise any of the powers under PACE.
