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Week 7 MCQ > Stop and Search > Flashcards

Stop and Search Flashcards

1
Q

Stop and search powers

A
  • Section 1 PACE 1984
  • Section 23 Misuse of Drugs Act 1971
  • Section 47 Firearms Act 1968
  • Section 43 and 47 Terrorism Act 2000
  • Section 60 Criminal Justice Act and Public Order Act 1994
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2
Q

POSH

A

Paint the picture (info and intel)
Observe (what can you see)
Smell
Hear

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3
Q

GOWISELY

A 
Grounds 
Object 
Warrant card
Identity 
Station 
Entitlement 
Law or Legal power
You are being detained 
Exception
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4
Q

Grounds

A
  • give information to the person being stopped and searched so they understand the grounds in which you are stopping them
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5
Q

Object

A
  • be clear about what you are looking for

- describe the object in as much detail as received by the witness

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6
Q

Warrant card

A
  • must show your warrant card if not in uniform, or asked to
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7
Q

Identity

A

You must intensify yourself with your name, in uniform or plain clothes

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8
Q

Station

A

must state geographical station you are from

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9
Q

Station

A

must state geographical station you are from

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10
Q

Entitlement

A

must offer a copy of the search or 5090A at the time and explain their entitlement to a copy within three months

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11
Q

Law or Legal power

A

explain the legal power you are acting under

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12
Q

Your are being detained

A

explain that the person is being detained under the law to be searched, it is not voluntary

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13
Q

Exception

A
  • if a person resits or runs away

- must record as to why you were unable to give GOWISELY

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14
Q

EERR

A

Explain - introduction and explain what will happen
Ensure - ensure the person understands what is happening
Record - provide acknowledgement of the encounter (offer copy of search)
Reassure - positive departure

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15
Q

JOG - jacket, outer coat ang gloves removal

A
  • standard
  • any officer
  • public place (in view)
  • no authority required
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16
Q

Headgear and footwear

A
  • any officer
  • out of public view
  • no authority required
17
Q

Religious headgear

A
  • same sex officer where applicable
  • out of public view
  • no authority
18
Q

Upper and lower clothing

A
  • same sex officer

- out of public view (in custody)

19
Q

MTIPS - intimate parts search

A
  • two officers of the same sex
  • supervisor authority must be obtained
  • medical professional present
20
Q

Personal information

A
  • no obligation to provide name, address or date of birth
  • officer does not need to ask, unless for the purpose of:
  • detection of crime
  • vulnerability assessment
  • intelligence gathering
21
Q

Recording the search

A
  • must be made at the time
  • form 5090
  • must include: date, time and location of search, officers name and any other officers present, name age, self defined ethnicity and address of the person searched, grounds
  • any illegal item seized must be recorded
22
Q

Vulnerable persons

A 
extra care taken if
-age
-gender
mental ill health 
-physical or learning disabilties
23
Q

Vulnerability Assessment Framework (VAF) ABCDE

A 
A - appearance and atmosphere 
B - behaviour 
C - communication 
D - danger 
E - environment
24
Q

Reasonable grounds

A
  • reasonable grounds of suspicion should be based on intelligence and facts rather than hunches which cannot be explained
  • Use the POSH matrix to formulate and structure your grounds
24
Q

Search and record

A
  • every time a person is stop and searched, a record of the search must be made at the time unless you are urgently required elsewhere, which will be the exception and not the norm. A copy of the search record or a receipt must be offered at the end of the encounter. Remember, this is a 5090A if using a tablet, or a copy of the 5090.
25
Q

S1 PACE 1984

A

(a)

  • any person or vehicle
  • exercise power
  • public or any section of the public has access on payment, or otherwise
  • as of right, or
  • by virtue, or expressed/implied permission

(b)

  • any other place people have access too at any time
  • not a dwelling
26
Q

S139 Criminal Justice Act 1988

A
  • referred to schools

- power to enter to search for pointed and bladed articles or offensive weapons

27
Q

SOAP

A 
Stolen 
Off
Articles (prohibited, in connection with burglary, theft, TDA, criminal damage, fraud)
Pointed / bladed 
\+ fireworks
28
Q

Humans rights infringement

A
  • rights to liberty (5)

- rights to privacy (8)

Week 7 MCQ (30 decks)

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