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Stop and Search (week 4) > Stop and Search > Flashcards

Stop and Search Flashcards

1
Q

What does stop and search allow you to do?

A
  • 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
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2
Q

What are the powers that allow you to stop and search someone?

A

Section 1 PACE 1984
Section 23 of the Misuse of Drugs Act 1971
Section 32 PACE 1984

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3
Q

Explain section 1 PACE 1984 in relation to stop and search?

A
  • you may detain a person or vehicle to search for stolen or prohibited articles or offensive weapons
  • can be on private or public land
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4
Q

Explain Section 23 of the Misuse of Drugs Act 1971

A

searching in relation to controlled drugs on people and vehicles

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5
Q

What must your suspicion that items will be found be based on?

A

must be based on objective basis for that suspicion

  • facts
  • information
  • intelligence
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6
Q

What can be used as reasonable grounds for a stop and search?

A
  • observed behaviour
  • briefing information
  • community intelligence
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7
Q

What can help you develop your grounds for stop and search?

A

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
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8
Q

What factors that make a stop and search fair and effective?

A
  • person understands why they are being searched
  • people searched feels they have been treated with respect
  • the search stands up to public scrutiny
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9
Q

One of the reasons that officers make bad judgements when applying stop and search powers is…

A
  • 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

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10
Q

What is unconscious bias?

A
  • bias and prejudice that we aren’t aware of
  • outside of our control
  • impacts the quick decisions that we make
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11
Q

What must all decisions and actions be?

A

PLAN

proportionate
legal
accountable
necessary

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12
Q

What information do you need to communicate prior to starting your stop and search?

A

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

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13
Q

How long after a stop and search may someone get a receipt?

A

3 months

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14
Q

What items of clothing can you ask a person to remove whilst in public view?

A

(JOG)

jacket
outer coat
gloves

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15
Q

What is an MTS check?

A

more thorough search

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16
Q

Where would you conduct an MTS? and why?

A
  • 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)
17
Q

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?

A
  • 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
18
Q

What does EIP stand for?

A

Exposure of intimate parts of the body

19
Q

Where must EIP searches take place?

A
  • at a police station
  • can only be authorised by an inspector or above
  • must follow strict PACE guidelines
20
Q

At the end of the search, what must you always do? and what must it include?

A

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
21
Q

What should you do if a person wishes to make a complaint?

A
  • tell them how and where they can get more information

- tell you supervisor immediately

22
Q

How should you treat a person you search?

A
  • respect
  • fairness
  • consideration
23
Q

What should you make clear when searching an individual?

A
  • They do not have to provide their personal details

- Deciding to provide personal details will have no effect on the outcome

24
Q

What components make up the effective search model?

A

safe
systematic
thorough

25
Q

What are the four categories of a person search?

A

1 - initial person search
2 - detailed person search
3 - strip search
4 - intimate person search

26
Q

Explain an initial person search

A
  • detailed search is not required or prior to a detailed search
27
Q

Explain a detailed person search

A
  • 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
28
Q

What are the main elements in safely completing a search

A
  • visual search
  • communication
  • positioning
29
Q

What does visual search involve in relation to a safe search?

A
  • visual search of the environment and the subject
30
Q

What does communication involve in relation to a safe search?

A
  • clear and concise verbal commands

- open questions are preferable

31
Q

what does positioning involve in relation to a safe search?

A
  • 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
32
Q 
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
A 
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
33
Q

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
A
  • 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
34
Q

Under the Terrorism Act 2000 (section 47A)

  • Where can you search
  • What can you search
  • What can yo search for
  • Grounds
  • Typical use
A
  • 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
35
Q

Under the Terrorism Act 2000 (section 43)

  • Where can you search
  • What can you search
  • What can yo search for
  • Grounds
  • Typical use
A
  • 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
36
Q 
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
A

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

37
Q 
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
A 
1 - resonable suspicion
2 - JOG
3 - Not restricted to public access
4 - controlled drugs
5 - Preferably same gender
6 - No
7 - Yes
8 - No
38
Q 
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
A

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

39
Q 
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
A 
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

Stop and Search (week 4) (1 decks)

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