Stop And Search

Question 1

What are some key stop and search powers?

Answer 1

1. Section 1 Police and Criminal Evidence Act 1984
2. Section 23 of the Misuse of Drugs Act 1971
3. Section 60 Criminal Justice Act and Public Order Act 1994
4. Section 47 Firearms Act 1968
5. Section 43 and 47 Terrorism Act 2000

Question 2

What acronyms should you remember for stop search?

Answer 2

POSH (Paint a picture, Observe, Smell, Hear),
EERR (explain, ensure, record, reassure)
SOAP (stolen, offensive, articles, prohibited)
GO WISELY (Grounds, object, warrant, identify, station, entitlements, legal powers, you)

Question 3

Under section 1 of PACE who / what can a police constable search?

Answer 3

Any person, any vehicle, anything in or on the vehicle

Question 4

Under section 1 of PACE why can you search someone?

Answer 4

Because you have reasonable grounds to suspect you will find stolen / prohibited articles or fireworks

Question 5

Under section 1 of PACE where can a constable conduct a search?

Answer 5

Any public place (NOT a dwelling)

Question 6

Under section 1 of PACE where can’t an officer conduct a search?

Answer 6

A dwelling (any dwelling)

Question 7

Under Section 1 of PACE what can an officer search for?

Answer 7

SOAP
Stolen articles (anything stolen as defined in S1 of the Theft Act 1968)
Offensive weapons (including points and blades and firearms)
Articles made or adapted for use / used in burglary, theft, taking a conveyance, fraud, criminal damage
Other prohibited items (fireworks, corrosive substances etc)

Question 8

Can you search someone in a garden / yard attached to a dwelling?

Answer 8

Yes but only if you have reasonable grounds for believing that the person to be searched does not reside in the dwelling and person is not there with the express or implied permission of a person who resides in the dwelling

Question 9

Do you have to activate body worn video (BWV) for stop and searches?

Answer 9

Yes. Stop and search is a mandatory
BWV encounter

Question 10

If suspicion has been allayed in a stop search when can someone technically leave and is no longer detained?

Answer 10

Technically they are only detained for the purpose of a search so they are free to go once the search is completed and suspicion allayed even before 5090 is filled out

Question 11

Is reasonable grounds to suspect a lower threshold or higher threshold than reasonable grounds to believe?

Answer 11

Reasonable grounds to suspect is a lower threshold

Question 12

What acronym helps with determining reasonable grounds of suspicion?

Answer 12

POSH
Paint the picture - what is the information or intelligence / context?
Observe - what have you seen for yourself (hiding, sweating etc)?
Smell - what can you smell (petrol, paint or drugs)?
Hear - what can you hear (Ask questions, noises, voices)?

Question 13

In stop search, if you have intelligence that the suspect has put a knife in their right pocket and they haven’t had time to move it where should you search first?

Answer 13

Their right pocket (code A of PACE)