Section 1: Power of constable to stop and search persons, vehicles etc

Question 1

Where can an officer conduct a stop and search under PACE S1?

Answer 1

Any place that is not a dwelling

Question 2

What reasons can an officer conduct a stop and search under PACE S1?

Answer 2

Search for any stolen or prohibited items

Question 3

What can an officer search if they suspect they might find stolen or prohibited items under PACE S1?

Answer 3

• Any person
• Any vehicle
• Anything within a vehicle

Question 4

Can a person be detained for the purpose of a stop and search under PACE S1?

Answer 4

Yes if they have reasonable grounds for suspecting they will find stolen or prohibited items

Question 5

Can an officer stop and search someone who is in a garden, yard or other land classed as a dwelling under PACE S1?

Answer 5

NO UNLESS

They do not believe the individual lives at the dwelling

AND

They do not have permission to be at the dwelling

Question 6

Can an officer search a vehicle that is within a dwelling (garden/yard/land) under PACE S1?

Answer 6

NO UNLESS

The vehicle owner does not live at the dwelling

AND

The vehicle is not permitted to be there

Question 7

Can an officer seize a prohibited item under PACE S1?

Answer 7

Yes

Question 8

What is a prohibited article (item)?

Answer 8

• 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

Question 9

Under PACE S1 certain items are prohibited if they are linked to which offences?

Answer 9

• Burglary
• Theft
• Taking a motor vehicle without permission
• Fraud
• Destroying or damaging property

Question 10

Under PACE S2 is an officer allowed to search a person/vehicle without first arresting?

Answer 10

Yes - this power does not apply after an arrest

Question 11

What does an officer need to show/say before a search is conducted under PACE S2?

Answer 11

• Evidence they are a constable (warrant card)
• Police station they are attached to
• Object of search
• Grounds for search

Question 12

What must an officer do they search an unattended vehicle under PACE S2?

Answer 12

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

Question 13

What can an officer request a person removes during a public search under PACE S2?

Answer 13

• Outer coat
• Jacket
• Gloves

Question 14

An officer is required to make a record of a search of a person or vehicle, what information is required in it?

Answer 14

• 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

Question 15

A record of search requires ethnic origin of person searched/in charge of vehicle. What two things must be stated?

Answer 15

• Self defined ethnic origin
• If different, officer perceived ethnic origin

Question 16

A person is entitled to a copy of the search if made within a certain time period. How long is this?

Answer 16

3 months

Question 17

A police officer may stop a vehicle under PACE S4 for the urgent purpose of seeing if a vehicle is carrying (4):

Answer 17

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

Question 18

A road check by an officer can only be authorised if what two things are satisfied?

Answer 18

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

Question 19

If a road check is authorised lawfully by a low ranked officer, what must that officer then do?

Answer 19

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

Question 20

What section of PACE can guidance for reports of recorded searches and road checks be found under?

Answer 20

Section 5