Searching Flashcards
0
Q
What 3 things came out of the Stephen Laurence enquiry in relation to the way the police conducted stop and search?
A
Openness
Accountability
Restoration of confidence
1
Q
What code of PACE covers stop and search?
A
Code A
2
Q
What is the communication mnemonic used in relation to searching?
A
LEAPS
Listen Empathise Ask Paraphrase Summarise
3
Q
What acts can you stop and search under?
A
Mainly: S.1 PACE S.32 pace (reasonable grounds to believe person may present a danger to self or others or have something concealed on them that may lead them to escape lawful custody or which might be evidence of an offence) S.23 misuse of drugs act S.139 crim justice act 1988 (re blades)
Others:
S.47 firearms
Terrorism act 2000
Young persons act
4
Q
What must you have to conduct a stop and search?
A
Reasonable grounds to believe/suspect
5
Q
What must reasonable grounds be based on?
A
Objective - based on fact
6
Q
What is the different between suspect and believe?
A
Suspect - evidence/intelligence suggests that there is a probability
Believe - something confirms the suspicion (evidence)
I.e - suspect someone is smoking cannabis, you believe it when you see them holding a joint.
7
Q
What is the difference between appearance and description?
A
Appearance - subjective, can be woolly (ie someone is ‘scruffy’)
Description - more specific and objective (I.e red short sleeved tshirt)
8
Q
Searches should be based on appearance or description?
A
Description
9
Q
What mnemonic is used to evaluate /identify your reasonable grounds for searching?
A
SHACKS
Seen Heard Actions Conversations Knowledge Smell
All if the above can help to build reasonable grounds to suspect ‘x’ so that you can conduct a search
10
Q
Remember all actions should be what?
A
PLAN
Proportionate
Legal
Accountable
Necessary
11
Q
An unlawful search would breach what right?
A
Article 5 of human rights act - the right to liberty.
12
Q
What can you ask someone to remove for the purposes of a search?
A
JOG
Jacket
Outercoat
Gloves
13
Q
How should you search?
A
In quadrants.
Split the person/car/room into 4 sections
14
Q
What does section 1 of PACE say about searching?
A
‘A police constable may detain in order to search any person, vehicle, or anything which is in or on a vehicle, in any place to which the public has access, if he/she has reasonable grounds for suspecting that stolen or prohibited articles or bladed or sharply pointed articles or prohibited fireworks will be found’
15
Q
Can articles found be seized?
A
Yes
16
Q
What mnemonic outlines what should be communicated to a person before conducting a search?
A
GO WISELY
G - grounds (for the search)
O - object (looking for - purpose of search)
W - warrant card (if not in uniform)
I - identity (of officer)
S - station (of officer)
E - Entitlement (to copy of search record - avail for 3 mths)
L - Legal power (the legislation under which search is conducted; I.e S1 PACE / misuse of drugs act etc)
Y - You are detained (for the purposes of a search)
17
Q
What should you consider before searching?
A
Where you are Who is around CCTV Where your colleagues are Is the person compliant The persons demeanour If under influence of alcohol/drugs What Ppe you have
Always remember - the person is ways a high or unknown risk.
18
Q
What section of PACE gives powers or arrest?
A
S.24
19
Q
What section of the criminal justice act 1988 defines the offence of carrying a blade/sharp object?
A
S.139
‘Any person who has with him in a public place, any article which has a blade or is sharply pointed (except a folding pocket knife the cutting edge if which is 7.62cm or less and is not lockable) shall be guilty of an offence’
20
Q
What section of which act extends the offence of blade carrying to include schools?
A
S.139a of criminal justice act 1988
21
Q
What are the Points to prove for the offence of carrying a blade under s.139 of criminal justice act 1988
A
The object (blade in line with definition - I.e blade longer than 7.62 cm and lockable)
‘Has with him’ - in his possession
In a ‘public place’
22
Q
What would possible defences be for carrying a blade/sharp object?
A
- good reason or lawful authority to have the article with them in a public place or a school (ie chef with his knives)
- for use at work
- religious reasons (Sikhs carry small daggers)
- part of national costume
- in a school for educational purposes
23
Q
Which section if criminal justice act 1988 also gives power to enter a school to search for blades/pointed articles?
A
S.139a
24
Which act makes it an offence to carry offensive weapons?
S.1 of prevention of crime act 1953
25
How is the offence of carrying offensive weapons defined?
'Without lawful authority or reasonable excuse, proof thereof shall lie on him; has with him in any public place any offensive weapon, shall be guilty of an offence'
S.1 prevention of crime act 1953
26
What are the 3 types of offensive weapons?
1) made - manufactured for sole purpose if being used to injure (ie knuckle duster, Samuri sword, flick knife)
2) Adapted - any item which in its original form had innocent use but has been altered or modified in order to enable then to cause injury. (Ie smashed bottle neck/ snooker ball in sock/ spiked baseball bat)
3) Intended - the weapon does not need to be made of adapted to cause injury (ie baseball bat on its own, chair in pub). Note: YOU have to prove the persons 'intent' to cause injury.
27
What is instant arming?
When Carrying an innocent object (ie umbrella) which is then used in the spur of the moment as a weapon (ie if attacked). An object used in defence (not an intended weapon)
28
What 2 things can an offensive weapon be at the same time?
Adapted and Intended
29
What section of which act extends the offence of carrying offensive weapons in a public place to include schools?
S.139a of criminal justice act 1988
30
What characteristics of an article excludes it from being an offensive weapon?
If it is over 100 years old. it is then an antique and does not apply.
(Samuri swords are slightly different - if manufactured before 1950? then it is classed as an antique)
31
What does 'going equipped' mean?
'A person is guilty if not at his abode he has with him any article for use in the course of, or in conjunction with, any burglary or theft'.
S.25(1) theft act 1968
32
What are the points to prove for going equipped?
1) accused not in his place of abode
2) he knowingly had with him
3) any article
4) for use in the cause of, or in conjunction with, burglary or theft
S.25 theft act
33
What is constructed possession?
Someone else carrying an object for you
34
What section(s) of PACE give officers the power to apply for and execute a warrant to search premises ?
S.15 (application) & S.16 (execution) PACE 1984
S8 pace deals more specifically with warrants for indictable offences - if reasonable grounds to believe that evidence relating to an indictable offence is likely to be on a premises
35
What is a common approach path?
An entry point to be used by all at a scene (normally not the main /most used entry point)
36
What should you be aware of pre search?
Purpose (to locate an item)
Legislation and policy
Weather
Location
37
What should you be aware of when searching a scene?
Common approach path
Preservation of scene
Preservation of evidence
Contamination
76
What does PACE s.1 give you the power to search for?
Stolen goods
Offensive weapons
Pointed and bladed articles
Illegal fireworks
And...
Any article in connection with, or for use in:
```
Taking a vehicle without owners consent
Theft
burglary
Fraud
Criminal damage
```
77
When searching under other acts, what must you follow?
Code A - S.1 pace
78
Where may your grounds for suspicion come from when conducting a search?
Daily briefings
Information over radio
Information from public
Observations of a persons behaviour
79
Who would you typically conduct a stop and search on?
Burglars
Car Thieves
Robbers
80
What is s.60 of criminal justice and public order act 1994
Authorising officer can put a blanket search in place in a certain area for up to 24hours.
81
Power to search someone for stolen goods, blades /sharps and prohibited fireworks
S1 PACE
A police constable may detain in order to search any person or vehicle or anything which is in or on a vehicle, in any place to which the public has access if he/she has reasonable grounds for suspecting that stolen or prohibited articles or bladed or sharply pointed articles or prohibited fireworks will be found'
Articles found may be seized.
82
Break Down of offences for articles found under searching
Power to search is in s.1 pace.
Find blade/sharply pointed articles (cutting edge exceeding 7.62cm or lockable) - an offence under S139 criminal justice act 1988.
S139a extends the power of entry and search to schools
If Find Offensive weapons - S1 prevention of crime act 1953
If Going equipped - i.e find an article associated with burglary or theft - an offence under s.25 theft act 1968.
83
What code of pace covers entering, searching premises and seizing property?
Code B
84
Under what power can you search a person for drugs?
S.23 Misuse of drugs act
85
What are the 2 key principles of the human rights act 1998 to be aware of re searching?
Article 8 - right for private and family life
Article 1 (in part 2) right to protection of property
86
Definition of a search?
The capability to locate specific targets using intelligence, assessment, systematic procedures and appropriate detection techniques.
87
What gives you the power to search someone who is under arrest?
S.32 PACE 1984
' A constable may search a person who has been arrested at a place other than a police station if the constable has reasonable grounds for believing that the arrested person may;
- present a danger to themselves or others
- have concealed on them anything which they might use to assist themselves to escape from lawful
Custody
- have concealed on them anything which might be evidence to an offence'
S32 goes on to say that you cans with any premises that person was in at the time of arrest or immediately before the arrest (however it must be an indictable offence and the search must be conducted in relation to that specific offence)
88
What gives you the power to search any premises the person was at when they were arrested/ immediately before the arrest?
S32 pace 1984
Says that you can search any premises that the person was in at the time of arrest or immediately before the arrest.
You must be searching in relation to an indictable offence and only be searching in relation to that specific offence
89
What gives you the power to seize evidence found when conducting a search?
S19 PACE 1984
90
What gives you the powers to search an arrested person at the station?
S.54 pace 1984.
A custody officer has a duty to ascertain what property the person has on them when they come into
Custody
Therefore you would need to search
The suspect again at the station
91
What mnemonic reminds you what to be aware of when searching a person under arrest?
DIE
Danger
Implement to escape
Evidence of any offence
92
Can you remove more than jog when conducting a stop and search in a public place?
Yes if have reasonable grounds but only out of public view - ie in back of van
(If removal Of garments will expose intimate body parts then you cannot do this in a police vehicle - it must be at the station or a location out of public view (ie a private office if in a building)
93
What is an intimate search?
Searching body orifices other than the mouth.
You have NO power to conduct an intimate search under s1 pace
94
How long have you got to use a search warrant?
3 months from date of issue
95
What must you tell the person whose property you are searching?
The article or person you are searching for and the premises the search will be conducted in
98
S18 pace - gives you the power to do what?
Enter and search a premises post an arrest for an indictable offence
- where officer has reasonable grounds to suspect that there is evidence on the premises that relates to the offence
- search must be of premises that are occupied/controlled by the person arrested
99
What section of pace gives you the power to enter and search a premises for the purpose of arresting someone?
S17
100
```
S15 pace?
s16 pace
S8 pace?
S17 pace?
S18 pace?
S32 pace?
S19 pace
S117 pace?
```
S15 - application of a search warrant
S16 - execution of a search warrant
S8 - apply for search warrant to locate materials relating to an indictable offence
S17 - power of entry and search for the purpose of arresting someone AND power of entry in order to preserve life and limb or present serious damage to Property
S18 - power to enter and search (with inspector authorisation) any premises occupied/controlled by he person under arrest (for an indictable offence)
S32 -power to enter and search a premises where the person was arrested/was immediately before the arrest (for an indictable offence)
S19 - power to seize property found in a search for evidential purposes/ that you believe has been obtained in commission of an offence / anything covered by warrant
S117 - power to use force to enter premises
101
How to search a property?
- Stand at doorway, look and listen for anything that may affect the search (h&s etc)
- Work in pairs where possible - from the door around the room, concentrating on centre at appropriate time
- Search furniture itself and its contents
- Return room to original state
If more than 1 room - draw up plan detailing who to enter each room.
102
Purpose of a vehicle search?
To locate any item - person/object - which is known/believed to be inside a specific vehicle
103
Considerations when doing a vehicle search?
Weather - loss of evidence
Danger from other road users if conditions are not good
Hills/ corners - which may obscure you from other motorists
Be aware of possible escape routes for suspects and thick undergrowth where objects could be hidden/ thrown
104
Systematic search of a vehicle?
5 distinct areas:
```
Interior
Outside
Underneath
Boot
Engine
```
Interior:-
- Open windows to full extent
- Split interior into 4 sections (driver/front passenger/ two read passenger areas) and search in turn
- ensure roof lining and other interior fixtures are searched
- dashboard - vents / radio / ashtray
- footwells / side panels / under carpets/mats / glove box
Ensure boundaries between sections are overlapped
105
Objectives of a search?
- locate a person
- locate an item
- locate weapons / tools / stolen property
- obtaining evidence for prosecution
- gather intel
106
Systematic search of an open area?
- use a grid search - splitter area into smaller sections and search all sections (overlapping)
- ensure all grounds within boundaries of area are searched
- any structure , premises, vehicle within boundaries are searched
- ensure boundaries are overlapped to ensure whole area is searched
107
Important factors on resources and duration of an open area search?
- Size of area and nature of terrain
- ground conditions - 'dig-ability' for buried items?
- size of item sought and its make up (metal etc)
- present and expected weather conditions
- where the item has been hidden/ abandoned/ not easily seen
108
What things can ensure you build confidence and trust when carrying out a stop and search?
- Treat people fairly and respectfully - Remain professional and courteous
- reasonable grounds
- explain reasons for search
- don't use jargon
109
What does s60aa of the criminal justice and public order act 1994 allow?
Allows a constable in uniform (with inspector authorisation) to require the removal of any item of clothing which the constable reasonably believes that person is wearing for the purpose of concealing his identity.
110
Systematic search of person?
Person to Stand with feet slightly apart, arms out I side or rear palms open
Visual check
Quadrant search - overlapping each quadrant boundary
Ensure armpits and crotch are searched
The head is searched as a separate quadrant
Pay attention to collars, belts, waistbands, watches, bracelets
111
Health and safety issues to be aware of when searching a person?
```
Body fluids
Sharps
Needles
Other people
Traffic
Weather
```
112
Where is here a much higher chance of a weapon being concealed on a person?
In the right hand pocket - makes sense to start here as 85% of population are right handed
113
What should you do when searching pockets?
Ask the person what is in them first.
Pat outside with back of hand to try to establish if there is anything in them first
Pull pocket open to check inside before outing hand in
114
What is 'connected property'?
Refers to any property that may be evidence of an offence or have a connection to an offence (ie jumper worn by suspect which may have samples/fibres on it from the scene, or a weapon used to commit an assault)
115
What should you do if a person is non Cooperative in a search?
Use heightened awareness of risk factors - persons demeanour, danger, warning signs, don't stand directly in front of the person bing searched
116
What gives me the power To use reasonable force in the execution of people searches?
Common law
S3 criminal law act 1967
S117 pace 1984
117
What communication mnemonic should you use to deal with aggressive /abusive / non compliant people when searching?
LEAPS
118
Wherever possible, check the person on the PNC before searching to help assess risk
.
119
If a person is uncooperative (their demeanour, warning signs, risk of danger) what can you do in order to conduct your search?
Use a degree of physical control / restraint - reasonable force
(Using powers of force under Common law/ s3 criminal law act/ s117 pace 1984)
120
When property is seized.. What must you do?
PNB entry referring to recovery of the article
Ensure appropriate exhibit label is attached and completed
Ensure relevant warning on package if contents are biological/sharp hazard
Ensure packaging is appropriate for the article being carried
121
What is a premise when referring to a premises search?
Includes any place, including:
Tent or moveable structure
Vehicle, vessel, aircraft, hovercraft
Offshore installation
122
When entering a property by force, what must you ensure before you leave?
That the premises are secure
| Either arranging for occupier /agent to be present or by any other appropriate means
123
After conducting a property search, what should you leave?
A copy of the search notice
If occupier not there and no-one is in the property, you must leave it in a prominent place (ie on table)
