Stop and Search Flashcards
When will it be permissible to compromise a persons humans rights
Proportionality
Lawful authority
Accountable for their actions
Neccessary
What is the necessity of stop and search
To enable officers to confirm or allay their suspicions without exercising their power of arrest.
What is the obligation when exercising stop and search powers
The stop must be brief, if detained then it must take place near to the stop.
Can an officer search and individual if they have consented but there is no lawful power?
No - Even if they consent there needs to be a lawful power.
What is the exception to needing a lawful power
Where it is a sporting premises or other premises where searching is carried out as acondition of entry.
Grounds to stop and search
A officer may stop and search a person, a vehicle or anything in or on a vehicle if they reasonably suspect that they will find any stolen property, prohibited articles, bladed or sharply pointed articles or fireworks.
A person may detain a person or vehicle for the purpose of the search.
Can a plain clothes officer stop a vehicle with a view to conducting a search.
No a plain clothes officer can not stop a vehicle.
What is the two step process for stop and search suspicion
Step one subjective test, the officer has formed a genuine suspicion in their own mind that they will find an object.
Step two objective basis for suspicion to be formed based on accurate facts, information or intelligence that would enable a reasonable person to form the suspicion.
Can an officer conduct a stop search if the officer knows there is little or no likelihood of finding articles sought
No
What does the suspicion have to relate to
The suspicion has to relate to the ability to find the item that the search relates to. The suspicion does NOT relate to the person actually committing an offence related to the item (eg stolen property)
Can you search a person who has innocent possession of stolen articles, prohibited articles or fireworks even though if you find them you would not arrest
Yes.
Can you search a child under 10 for carrying weapons? Despite the fact that if you find something they are below the age of criminal responsibility
Yes
What are the legisitmate sources for grounds to stop and search
Personal observations
Intelligence
CHIS reports
Reports from members of the public which CAN be anonymous.
Can grounds for suspicion be based on a mere hunch
No
Does the information relied upon to give reasonable grounds to suspect need to be admissible at trial
No the information does not need to be admissible as evidence.
What can not be used solely to form suspicion
Personal appearance
Stereotypes
The fact the person is know to have previous convictions.
Personal appearance
Stereotypes
The fact the person is know to have previous convictions.
Can not be used purely to base suspicion - What is the exception to this.
Gangs where there is RELIABLE information or intelligence that members of either a ganag or group habitually carry knives, weapons or controlled drugs or wear a distinctive item of clothing or other means of identification to identify them as members of that group or gang.
The distinctive item of clothing may provide reasonable grounds to cause the officer to believe they are part of the gang and then suspect they would be carrying a knife etc.
Personal appearance
Stereotypes
The fact the person is know to have previous convictions.
Can not be used purely to base suspicion - Gangs is one exception what is the other?
Organised protest groups where information or intelligence states that
and organised group arranges a meeting / march and they will bring with them items to cause criminal damage or cause injury in support of the groups aims
Or that one or more previous meetings that used such articles which resulted in damage or injury
Or that on that subsequent occasion they bought with them items with similar intentions.
Can a person be detained in order to pose questions to form a suspicion to search
No a person can not be detained to find grounds for a search.
Reasonable grounds for suspicion cannot be provided retrospectively
Where can a stop and search take place
Any location which is open to the public on payment or otherwise as a right of express or implied permission.
Any other place which people have ready access that is NOT A DWELLING
When can you search someone in a garden yard or land connected to a dwelling
When the officer has reasonable grounds to believe that the person search or vehicle to be searched does not reside there or is not there with expressed or implied permission. (NOTE NOT IN THE DWELLING)
What if the person is in the garden of a premises that is not occupied.
Game on search away.
How long can you detain someone for a search
A person or vehicle can be detained for such a time that is reasonably necessary
Where can a person or vehicle be detained for a search
At the place where they were first detained or nearby
Who can authorise a Section 60
An officer of the rank of Inspector or above
What is special about the searching officer in a Section 60
Must be in uniform
What is the mindset of an Inspector to authorise a section 60
An inspector must resaobly believe that it is necessary
What are the beliefs and inspector must have to authorise a section 60
That there are incidents involving serious violence that may take place in the future
That people are carrying dangerous instruments or offensive weapons without good reason in any locality
That an incident involving serious violence has already taken place and a dangerous instrument or offensive weapon was used and it is expedient to find the instrument.
How will the Inspector give the authority for a Section 60
If it is future violence - Writing
If it is a belief people are carrying weapons - Writing
If an incident or serious violence has already occurred and you need to search for that weapon - Orally and then backed up in writing ASAP
What is the scope for the authority of a section 60
The inspector must state the grounds (future / carrying weapons / serious violence already happened) the locality the powers can be authorised and the period of time it is in force. The inspector must then contact a Superintendent ASAP
How long can an inspector authorise a section 60 for
No longer than is necessary to deal with the threat, however not exceeding 24 hours.
Can a section 60 be extended
Yes for a further 24 hours by a Superintendent.
Can the Superintendent authorise a Section 60 beyond the extension of 24 hours (inspector 24 / Supt 24)
No - A further fresh application will need to be made by the Supt.
When a section 60 is in place what can be searched
Persons / Vehicle / People in vehicles
What can an officer look for on a section 60
Weapons / Dangerous instruments
Are grounds required in a section 60 by officers?
No
Does an searching officer need to be in uniform for a section 60
Yes
Can an officer carte blanche search anyone on a section 60
Officers should make an objective assessment of both the nature of the incident and the weapon and that they are likely to be associated.
Certainly should not be selecting people based on their physical characteristics.
is there a free standing power to stop and search for a disguise
No
Is there a power to demand the removal of a disguise
Yes Section 60AA
Is there a power to seize a disguise discovered when exercising other search powers
Yes
Can a power under section 60AA require the removal of a religious item
Yes - If the item is going to be used to conceal the persons identity
What is key when an officer is removing an item of religious dress because they believe it is being used to cover identity
Then its should be removed out of public view and in the presence of an officer of the same sex
Can a reasonable excuse of without good reason be used as exceptions to remove an item when directed (Section 60AA)
No this is an absolute requirement.
Can a vehicle be stopped for the purposes of requesting the removal of face coverings.
There is no specific power to stop a vehicle under 60AA however a constable in uniform could use 163 of the RTA
How long does an officer have to execute a warrant under Code A
28 days
What time of day must a search under code A take place
At a reasonable time of day unless this would frustrate the investigation.
Is there an obligation to seeks the persons co-operation for a search under code A
Yes - A person co-operation must be sought in every case.
When can force be used in a stop and search
As a last resort
What clothing can be removed during a stop and search in public
Outer coat jacket or gloves
Can an officer ask a person to volunteer to remove more items
Yes
Where can a stop and search where you will remove outer clothing but not expose intimate body parts take place
Out of public view
Police van
Police Station
Where can a stop and search where you will remove outer clothing and expose intimate body parts take place
Out of public view
At a Police Station
Which Police Station can be used for a intimate stop and search
one with a reasonable travelling distance.
Will a search that is conducted in a deserted street at the dead of night be out of public view
No
What is the time period a person is entitled to a search record for
Within 3 months of the search
Does a record of the search NEED to be made after search
Yes unless wholly impracticable - Urgent call away / Public disorder
Will a properly conduct search become unlawful if a record of the search is not made
No - It will remain lawful.
If prior to the search taking place and due to questioning the officer realises that a search is not necessary does a record need to be made of the stop
No
Is a person searched required to give their details
There is no requirement
If more than one person in a vehicle is search how many records are required
One for each person
