Stop and search

Question 1

Code A

Answer 1

Powers to stop and search

Question 2

S1-7 PACE 1984

Answer 2

Right to stop and search in a ‘public place’, personal factors e.g. clothes are not reasonable grounds for arrest

Question 3

S2&3 PACE 1984 (2)

Answer 3

Must state name/station/badge, ground for a search

Micheal’s v Highbury Corner

Question 4

Osman v DPP

Answer 4

The police failed to give name and station details therefore the search was unlawful and Osman wasn’t guilty

Question 5

Misuse of drugs act 1971

Answer 5

Allows stop and search if belief suspect is in possession of a controlled drug

Question 6

s.17

Answer 6

Police can enter and search premises to make an arrest

R v Badham

Question 7

s.18

Answer 7

Police can search premises after an arrest if belief there is evidence of that offence

Question 8

s.32

Answer 8

same as s.18 but (R v Badham) only applies immediately after D is arrested

Question 9

s.19

Answer 9

Once lawfully on premises the police can seize any evidence

Question 10

Michaels v Highbury Corner

Answer 10

D put drugs in his mouth and police shouted at him not to swallow them which he did, they didn’t give their name and station so the conviction was quashed