Section 1: Power of constable to stop and search persons, vehicles etc Flashcards
Where can an officer conduct a stop and search under PACE S1?
Any place that is not a dwelling
What reasons can an officer conduct a stop and search under PACE S1?
Search for any stolen or prohibited items
What can an officer search if they suspect they might find stolen or prohibited items under PACE S1?
- Any person
- Any vehicle
- Anything within a vehicle
Can a person be detained for the purpose of a stop and search under PACE S1?
Yes if they have reasonable grounds for suspecting they will find stolen or prohibited items
Can an officer stop and search someone who is in a garden, yard or other land classed as a dwelling under PACE S1?
NO UNLESS
They do not believe the individual lives at the dwelling
AND
They do not have permission to be at the dwelling
Can an officer search a vehicle that is within a dwelling (garden/yard/land) under PACE S1?
NO UNLESS
The vehicle owner does not live at the dwelling
AND
The vehicle is not permitted to be there
Can an officer seize a prohibited item under PACE S1?
Yes
What is a prohibited article (item)?
- An offensive weapon
- An item made or adapted for use or connection with offence
- Intention to use or allow another to use
- An item adapted for causing injury to persons
Under PACE S1 certain items are prohibited if they are linked to which offences?
- Burglary
- Theft
- Taking a motor vehicle without permission
- Fraud
- Destroying or damaging property
Under PACE S2 is an officer allowed to search a person/vehicle without first arresting?
Yes - this power does not apply after an arrest
What does an officer need to show/say before a search is conducted under PACE S2?
- Evidence they are a constable (warrant card)
- Police station they are attached to
- Object of search
- Grounds for search
What must an officer do they search an unattended vehicle under PACE S2?
The officer must leave a notice:
- Stating they have searched it
- Object of search and grounds
- Provide the name of the Police Station which they are attached
- State an application for compensation for any damage caused may be made to that Police station
What can an officer request a person removes during a public search under PACE S2?
- Outer coat
- Jacket
- Gloves
An officer is required to make a record of a search of a person or vehicle, what information is required in it?
- Object of search
- Grounds for making it
- Date/time
- Place
- Ethnic origins of person search/person in charge of vehicle
- Officer who carried out the search
A record of search requires ethnic origin of person searched/in charge of vehicle. What two things must be stated?
- Self defined ethnic origin
- If different, officer perceived ethnic origin
A person is entitled to a copy of the search if made within a certain time period. How long is this?
3 months
A police officer may stop a vehicle under PACE S4 for the urgent purpose of seeing if a vehicle is carrying (4):
A person who:
- Has committed a non road traffic related offence
- Is witness to such offence
- Is intending to commit such offence
- Is unlawfully at large
A road check by an officer can only be authorised if what two things are satisfied?
Belief offence is indictable
AND
Suspect the person is, or is about to be, in or near vehicles that would be stopped if the check were authorised
If a road check is authorised lawfully by a low ranked officer, what must that officer then do?
Record in writing:
Make a written record at the time of authorisation with:
Name of officer, purpose of check, locality of vehicles to be stopped
Inform officer of superintendent rank or above
What section of PACE can guidance for reports of recorded searches and road checks be found under?
Section 5
