Stop and Search Flashcards
What does stop and search allow you to do?
- allows you to relay or confirm suspicions about an individual without exercising your power of arrest
- allows you to search for prohibited items and items used in crimes
What are the powers that allow you to stop and search someone?
Section 1 PACE 1984
Section 23 of the Misuse of Drugs Act 1971
Section 32 PACE 1984
Explain section 1 PACE 1984 in relation to stop and search?
- you may detain a person or vehicle to search for stolen or prohibited articles or offensive weapons
- can be on private or public land
Explain Section 23 of the Misuse of Drugs Act 1971
searching in relation to controlled drugs on people and vehicles
What must your suspicion that items will be found be based on?
must be based on objective basis for that suspicion
- facts
- information
- intelligence
What can be used as reasonable grounds for a stop and search?
- observed behaviour
- briefing information
- community intelligence
What can help you develop your grounds for stop and search?
SHACKS is in relation to whether you believe that is it appropriate to stop someone
- SEEN - what have you seen
- HEARD - what have you heard
- ACTIONS - what did you do and what did the person do in response
- CONVERSATION - what did you say to them? what did they say to you?
- KNOWLEDGE - what intelligence do you have?
- SMELL - are there any smells that might be rise to the suspicion of criminal activity. Smell alone cannot lead you to stop someone
What factors that make a stop and search fair and effective?
- person understands why they are being searched
- people searched feels they have been treated with respect
- the search stands up to public scrutiny
One of the reasons that officers make bad judgements when applying stop and search powers is…
- Bias, prejudice and stereotyping
Awareness of this bias will allow you to deal with people and situations fairly and objectively based on behaviour intel and information
What is unconscious bias?
- bias and prejudice that we aren’t aware of
- outside of our control
- impacts the quick decisions that we make
What must all decisions and actions be?
PLAN
proportionate
legal
accountable
necessary
What information do you need to communicate prior to starting your stop and search?
GOWISELY
Grounds
- provide a clear explanation of your grounds for suspecting a person is carrying an item
Object
- provide a clear description of the object(s) being searched for
Warrant Card
- show your warrant card if asked or if not in uniform
ID
- reveal your identity - name and number
Station
- the station you are attached to
Entitled
- the person being searched must be told that they are entitled to a copy of the search record or receipt
Legal Power
- the section power you are using to conduct the search
- section 1 or section 23
‘You are being detained for the purposes of a search’
- say this
How long after a stop and search may someone get a receipt?
3 months
What items of clothing can you ask a person to remove whilst in public view?
(JOG)
jacket
outer coat
gloves
What is an MTS check?
more thorough search
Where would you conduct an MTS? and why?
- out of public view (e.g. police station or van) because you require someone to reveal more of their body (e.g. take off their shirt/ shoes)
If someone wraps a scarf around their face or puts on a balaclava just before they become involved in a riot. What legislation allows you to require the removal of that headgear, and when are you not able to require the individual to remove their headgear?
- section 60 of the criminal justice and public order act 1994
- where a constable believes that the item is being worn wholly and mainly for the purpose of concealing identity
- cannot ask people to do so under religious reasons
What does EIP stand for?
Exposure of intimate parts of the body
Where must EIP searches take place?
- at a police station
- can only be authorised by an inspector or above
- must follow strict PACE guidelines
At the end of the search, what must you always do? and what must it include?
make a record of the stop and search
including:
- date
- time and place
- object of the search
- ethnicity
- officer details
- accompanying officers
- nature of the power - what it has been used
- authorisation - time lines/ geographical
What should you do if a person wishes to make a complaint?
- tell them how and where they can get more information
- tell you supervisor immediately
How should you treat a person you search?
- respect
- fairness
- consideration
What should you make clear when searching an individual?
- They do not have to provide their personal details
- Deciding to provide personal details will have no effect on the outcome
What components make up the effective search model?
safe
systematic
thorough
What are the four categories of a person search?
1 - initial person search
2 - detailed person search
3 - strip search
4 - intimate person search
Explain an initial person search
- detailed search is not required or prior to a detailed search
Explain a detailed person search
- There are reasonable grounds for suspecting that the subject is in possession of illegal or prohibited items
- When a higher level of confidence is required that the subject is not carrying any illegal items
What are the main elements in safely completing a search
- visual search
- communication
- positioning
What does visual search involve in relation to a safe search?
- visual search of the environment and the subject
What does communication involve in relation to a safe search?
- clear and concise verbal commands
- open questions are preferable
what does positioning involve in relation to a safe search?
- ideally two or more officers
- outside the conventional fighting arc
- not placed against or near a vehicle or wall whilst searching
- the officer may position themselves with their back towards a firm structure that may prevent out of vision approaches by other subjects
Under the Section 1 of PACE 1984 expand on the following points (outer layer search) 1- burden of proof 2- extent of search 3- where 4- articles sought 5- gender of searching officer 6- subject consent 7- use of force 8- other consent/authority
1- resonable suspicion 2- JOG 3- public access 4- stolen or prohibited items (e.g. burglary, theft, cheat, bladed or pointed article, prohibited firework) 5- can be opposite gender 6- no 7- yes 8- no
Under the Criminal Justice and Public Order Act 1994 (section 60)
- Where can you search
- What can you search
- What can yo search for
- Grounds
- Typical use
- anywhere within a locality specified by an authorisation
- pedestrians, any vehicle, its driver and passenger
- dangerous instruments or offensive weapons
- if an authorisation has been granted for a particular area
- gang violence and football hooliganism
Under the Terrorism Act 2000 (section 47A)
- Where can you search
- What can you search
- What can yo search for
- Grounds
- Typical use
- anywhere specified by authorisation
- pedestrians, vehicles and their occupants
- evidence that the person is a terroist or the vehicle is to be used for terrorism
- if an authorisation has been give
- terrorism
Under the Terrorism Act 2000 (section 43)
- Where can you search
- What can you search
- What can yo search for
- Grounds
- Typical use
- anywhere
- persons and vehicles
- evidence that the person is a terrorist or that the vehicle is being used for the purpose of terrorism
- reasonably suspects that the person is a terrorist or the vehicle is being used for the purposes of terrorism
- any situation where someone may be planning or carrying out terrorism
Under the Section 1 of PACE 1984 expand on the following points (more than just outer layer search): 1- burden of proof 2- extent of search 3- where 4- articles sought 5- gender of searching officer 6- subject consent 7- use of force 8- other consent/authority
1 - reasonable suspicion
2 - more than just JOG
3 - public access but away from public sight (e.g. police vehicle/station)
4- stolen or prohibited items (e.g. burglary, theft, cheat, bladed or pointed article, prohibited firework)
5 - same gender (unless subject requests)
6 - no
7 - yes
8 - no
Under the Section 23 of Misuse of Drugs Act 1971 expand on the following points: 1- burden of proof 2- extent of search 3- where 4- articles sought 5- gender of searching officer 6- subject consent 7- use of force 8- other consent/authority
1 - resonable suspicion 2 - JOG 3 - Not restricted to public access 4 - controlled drugs 5 - Preferably same gender 6 - No 7 - Yes 8 - No
Under the Section 18 of PACE expand on the following points: 1- burden of proof 2- extent of search 3- where 4- articles sought 5- gender of searching officer 6- subject consent 7- use of force 8- other consent/authority
1 - reasonable suspicion
2 - premises occupied or controlled by person under arrest for indictable offence
3 - premises
4 - evidence relating to the offence or connected/ similar offence
5 - N/A
6 - No
7 - Yes
8 - Under arrest for indictable offence. inspectors authority
Under the Section 32 of PACE expand on the following points: 1- burden of proof 2- extent of search 3- where 4- articles sought 5- gender of searching officer 6- subject consent 7- use of force 8- other consent/authority
1 - reasonable belief 2 - JOG (can search mouth) 3 - public/premises 4 - search after arrest for DIE 5 - can be opposite gender 6 - No 7 - Yes 8 - No
