Search of Persons After Arrest Flashcards
Which extract of legislation covers Search of Persons Upon Arrest?
Police and Criminal Evidence Act 1984, Section 32
Which two groups of people can exercise the powers under Section 32 to conduct Search of Persons Upon Arrest?
The powers may be exercised
1) in their entirety by a constable or
2) by a civilian designated as a Community Support Officer under Section 38 of the Police Reform Act 2002 so long as they only search the person (not premises) and have imposed a requirement to wait on the defendant
On what 2 grounds can a person be searched at a place other than a police station following arrest?
1) if a constable (or Community Support Officer) has reasonable grounds for believing the arrested person may present a danger to himself of others
2) if a constable (or Community Support officer) has reasonable grounds to believe the person has concealed on them anything to a) assist escape from lawful custody or b) which might be evidence relating to an offence
To what extent can a person be searched in a place other than a police station after arrest?
To the extent which is reasonably required for the purpose of discovering anything to assist in escape from lawful custody, or is evidence of the offence or an article which may cause harm (to himself or another)
What does Section 32 state is the extent of clothing removal permitted after arrest in a public place?
The person can be required to remove:
1) an outer coat
2) a jacket
3) gloves
Where does Section 32 also state a constable (Community Support Officer) may search after arrest in a public place?
The person’s mouth
What does Code A 3.5 of PACE state is the extent of searching which can be undertaken on clothing which is NOT removed after arrest in a public place?
It must be restricted to superficial examination of outer garments
Under Code A 3.5 of PACE, in what ways
can a constable (or CSO) search non-removable outer garments of clothing after arrest, in a public place?
1) That can place their hand inside the pockets of outer clothing
2) they can feel round the inside of collars, socks and shoes if reasonable necessary
Can a person’s hair be search after arrest in a public place?
Yes - so long as this complies with restrictions on the removal of headgear
What is the power to Search Upon Arrest in a Public Place limited by?
The extent to which the search is reasonably required for the purpose of discovering suspected items
What about the search process upon arrest is implied by the words “in public”?
That if taken to a place out of the public eye, the person can be required to remove items of clothing other than those specific (out coat, jacket, gloves)
May reasonable force be used in the exercise of the power to Search Upon Arrest in a Public Place?
Yes - if necessary
What items may be seized or retained in the course of a search of a person under Section 32?
1) An item that the constable has reasonable grounds to believe may cause physical injury to himself or another, when he has searched on grounds that the person is a danger to himself or another;
2) An item which the constable has reasonable grounds to believe might be used to assist the person escape from lawful custody when he has searched on this basis;
3) An item which the constable has reasonable grounds to believe is evidence of an offence or has been obtained in consequence of offence, when he has searched on this basis
What is the level of certainty needed to justify a Search of Persons Upon Arrest in a Public Place?
The constable (or community support officer) needs REASONABLE GROUNDS FOR BELIEVING
Would a search in a deserted alleyway be sufficient to be deemed out of public view when conducting a search of more than simply outer garments?
No - “public view” means both actual and potential public view
