Stop and Search (Person) Flashcards
What is the difference between Stop and Account and Stop and Search?
Stop and Account - Questioning, they are not detained, can lead to Stop and Search
Stop and Search - They are being detained and searched
What is the main legislation that allows a constable to conduct a stop and search?
Section 1 PACE 1984
What legislation would you use if you were to stop and search an individual believed to have drugs on them?
Section 23 misuse of drugs act 1971
Where can you NOT search an individual under Section 1 PACE 1984
A dwelling
What are the two circumstances where you MAY search an individual in a garden?
- You have reasonable grounds for believing that they do not live there
- You have reasonable grounds for believing that they do not have permission to be there
What 4 categories of item can you look for under Section 1 PACE 1984?
- Category 4 Fireworks
- Stolen items
- Prohibited articles
- Bladed pointed articles
What makes an article ‘prohibited’?
- An offensive weapon (made to cause injury)
- Made or adapted for use in connection with a relevant offence
- Intended by the person having it with him for such use by him or by some other person
What are the 5 relevant offences that apply to a Section 1 PACE search?
- Burglary
- Criminal Damage
- Theft
- TWOC (taking without consent)
- Fraud
What does the pneumonic SHACKS stand for?
Seen Heard Actions Conversation Knowledge (not previous history) Smell (not sufficient alone)
What items can you require someone to remove in a public place? JOG
Jacket
Outer coat
Gloves
What does the pneumonic GO WISELY stand for?
Grounds Object Warrant card Identify Station Entitlement Legal power You are detained
What power allows an officer to search a person or address after being arrested?
Section 32 PACE 1984
What power allows officers to search a person at custody?
Section 54 PACE 1984
