Stop Search Flashcards
What crimes can a street identification be used in relation to?
Any crime
What is the first step in a Street Identification which must be taken?
Get a description of the suspect from the witness noted in pocket notebook asap
What is the second step in a Street Identification which must be taken?
Contact the Police Control Room to get at least one other care in a convey
Why are at least two cars needed for a Street Identification convoy (2 reasons)?
1) One car is for the arrest and one for the delivery of a witness to where they need to be
2) To help maintain forensic integrity so there is no cross-contamination of victim and offender
Who is in charge of any Street Identification?
The most senior officer present is in charge
When is a Street Identification used?
When we don’t know who the offender is
What must a police constable NOT do at any point during a Street Identification?
Draw the witnesses’ attention to any one in particular
What happens when a witness has identified a person as the suspect in a Street Identification, what happens?
The Street Identification is called off - you DON’T ask if the witness is certain
What should happen if there are two witnesses during a Street Identification?
The witnesses should be separated and the Street ID performed in different cars
What happens if police find the suspect before a witness identifies them through a Street Identification?
The police can bring the witness to the area to ensure the correct person is arrested
When can a Street Identification occur?
It MUST be done very shortly after a crime
Are Stop Search and Search after Arrest the same process?
No - Stop Search is a very different process to Search After Arrest
What level of suspicion/belief is needed to conduct a Stop Search?
There needs to be suspicion to conduct a Stop Search but not as much certainty as needed for arrest
Which legislation covers the process for Stop Search?
CODE A, Section 1, PACE 1984
If you have sufficient evidence to arrest somebody for a crime, should you Stop Search before arresting?
No - if you have enough evidence arrest, just do so. You shouldn’t Stop Search and then arrest in this circumstance as this is a misuse of powers
What will be the key justification for a Stop Search under Section 1 of PACE?
Usually misuse of drugs/firearms/theft offences?
What MUST NOT under any circumstances for part of a constable’s grounds for suspicion?
The ethnicity of the person suspected
Where is the only place a Section 1 Stop Search can be conducted?
In a public place for a search of persons/vehicles
Which acts allow a search to be conducted without reasonable suspicion?
Section 60 PACE (must be authorised by high ranking officer and is limited to time and place) AND
Section 47a, Schedule 7 of Terrorism Act
What can a police constable detain/search under Section 1 Stop and Search?
Detain and search any person or vehicle (either in or on a vehicle)
Where is the only place a Section 1 Stop and Search can take place?
In a public place/place with public access
What can be searched for under Section 1 Stop and Search?
Stolen or prohibited articles (where there are reasonable grounds to believe the suspect is carrying these)
What can happen to any article seized during a Section 1 Stop and Search?
Any article found can be seized
Is detention the same as arrest?
No - detaining is not the same as arresting but does mean the person detained cannot leave.
Can force be used to detain somebody for Section 1 Stop Search?
Yes - force needed to detain somebody can be used so long as it is necessary, reasonable and a last resort
What constitutes a vehicle for the purpose of Section 1, Stop Search?
Anything, including vessels, aircraft, hovercraft
Where does Section 1, Stop Search NOT apply?
A Stop Search cannot be conducted on any person who is in a garden of their own dwelling, or who is in the garden of a dwelling of any another where they have consent to be there
When is the only time a Section 1 Stop Search can be conducted on a person in a garden?
When the constable has reasonable grounds to believe the garden is not their own AND they believe they do not have consent (express or implied) from the owner to be there
What is the definition of a “stolen article” in respect of Section 1 Stop Search?
Any article which is obtained dishonestly
What is the definition of a “prohibited article” in respect of Section 1 Stop Search?
Any article which is for use in, or prohibited by any law in respect of a crime
i.e articles for use in burglary/theft/TWOC/Fraud/Crim Dam/offensive weapons i.e. bladed, pointed article, prohibited fireworks etc.
What should a reasonable suspicion ideally be based on in relation to Section 1 Stop Search?
Accurate and current intelligence
If a reasonable suspicion is based on the behaviour of the person to be Stop Search, what must the officer do?
The officer that forms the opinion that a person is acting suspiciously must be able to explain why that formed that opinion, referencing the person’s behaviour or conduct
What is the acronym for the things which may help for reasonable grounds for suspicion in relation to Section 1 Stop Search?
SHACKS
What is the first ‘S’ in SHACKS for Section 1 Stop Search?
Seen (what has the constable seen for suspicion?)
What is the ‘H’ in SHACKS for Section 1 Stop Search?
Heard (what has the constable heard for suspicion?)
What is the ‘A’ in SHACKS for Section 1 Stop Search?
Action (what actions lead to the constable’s suspicion?)
What is the ‘C’ in SHACKS for Section 1 Stop Search?
Conversation (what conversation’s lead to a constable’s suspicion?)
What is the ‘K’ in SHACKS for Section 1 Stop Search?
Knowledge (what knowledge/intelligence leads to a constable’s suspicion?)
What is the second ‘S’ in SHACKS for Section 1 Stop Search?
Smell (what smells lead to a constable’s suspicion?)
What must any constable be mindful to keep in check in respect of any Stop Search?
Unconscious Bias (prejudice/stereotyping)
Who can provide research and update to date intelligence for the purpose of a legitimate Section 1 Stop Search?
Control room
What must be completed whenever a Stop Search is conducted?
A Stop Search form in which the grounds are completed (all grounds, not just one)
If there are more than one grounds for a Section 1 Stop Search what should be done?
ALL grounds should be recorded on the relevant Stop Search record form
What is the focus of Section 1 Stop Searches
Active offenders (and intelligence led basis)
Is there any such thing as a voluntary Stop Search?
No - voluntary searches only apply to a property
What common feature unites ALL searches?
They are all recordable
For a person to be found guilty following a Section 1 Stop Search what is the Mens Rea?
There doesn’t need to be ANY Mens Rea with Stop Search and a person can be found guilty in innocent possession of an article (weren’t aware they had it)
Is innocent possession or not being aware you possess a given article a defence for Section 1 Stop Search?
No - innocent/unknowing possession is NOT a defence
What is the acronym for remembering the steps of any Section 1 Step Search?
GOWISELY (do the YL first)
What does the ‘Y’ stand for in GOWISELY for the steps of a Stop Search?
“You’re detained!” - first tell the suspect they’re detained for a Stop Search
What does the ‘L’ stand for in GOWISELY for the steps of a Stop Search?
Legal Power - tell the suspect the legal power you are detaining them under for Stop Search
What does the ‘G’ stand for in GOWISELY for the steps of a Stop Search?
Grounds - tell the suspect the grounds of the Stop Search
What does the ‘O’ stand for in GOWISELY for the steps of a Stop Search?
Object - tell the suspect the object that will be sought for in the Stop Search
What does the ‘W’ stand for in GOWISELY for the steps of a Stop Search?
Warrant Card - show the suspect your Warrant Card (MUST ALWAYS be done by plain clothes officers)
What does the ‘I’ stand for in GOWISELY for the steps of a Stop Search?
Identity - the officer should tell the suspect their name and collar number (in terrorism cases only collar number is required)
What does the ‘S’ stand for in GOWISELY for the steps of a Stop Search?
Station - the officer should tell the suspect which station they are based at
What does the ‘E’ stand for in GOWISELY for the steps of a Stop Search?
Entitlement - tell the suspect they are entitled to a copy of the Stop Search record
What 3 details will be needed from the person Stop Searched for the form?
- Name
- D.O.B
- Ethnicity
they have no obligation to tell you these details
What must you wear for any Section 1 Stop Search?
Gloves (and mask during COVID)
How many officers are needed for a Stop Search?
There should ALWAYS be a minimum of 2 officers performing a Stop Search (1 to search and one to safeguard)
If the person Stop Searched doesn’t understand you, what must be done?
You MUST take appropriate steps - interpreters can be gotten through custody
Can juveniles be Stop Searched?
Yes - juveniles can be Stop Searched
Does an appropriate adult need to be present for the Stop Search of a juvenile?
No - an appropriate adult is not needed for Stop Search
When IS an appropriate adult needed for juveniles/vulnerable individuals during a search?
For a strip search and appropriate adult should be present
What should be done as soon as possible after the Stop Search?
The Stop Search form should be completed
What are the only two occasions when a constable does not need to complete a Stop Search form?
- During extreme weather
- When the surrounding environment is disorderly
Can you detain somebody in order to find grounds to justify a STOP SEARCH?
NO, NEVER - you must ALWAYS have the grounds for a Stop Search BEFORE detaining anyone
What is good practice in relation to detaining any suspect?
You should watch the suspect for as long as possible to get sufficient grounds. As soon as you stop them there are legally detained.
To conduct a new Stop Search on any person with prior convictions, what is needed (3 things)?
You need accurate, recent, additional intelligence
How far can a Section 1 Stop Search extend in a public place / publically accessible area?
As far as JOG Jacket Outer Coat Gloves (and inside the suspect's mouth)
Where can a strip search be performed?
In a private area - normally a police station
What must be done in a strip search is decided upon?
You MUST inform a supervisor that you will be doing a strip search
Is the removal of somebody’s cap/shoes allowed under a Stop Search?
No - Stop Searches are conducted in Public. Removal of a cap/shoes or anything beyond JOG MUST be done in private and should therefore take place at a police station
Must a Stop Search be performed by same sex officers?
Where reasonably practicable, this is accommodated however it is not a necessity up to the level of JOG+mouth
Does a suspect have a right to request only a same sex Stop Search up to JOG+mouth?
No - not at the level of Stop Search
Can somebody deny a Stop Search on the basis of religious beliefs?
No - but these are accommodated for as far as reasonably practicable i.e. Jewish prohibitions on other sex touching
What should be done if a suspect’s gender is unclear?
Ask the person how they prefer to be identified and conduct the Stop Search in line with their stated identity
What feature of the suspect’s identity should always be established through questioning?
Their ethnicity - you MUST put down whatever they say even if you doubt this
When should the Stop Search form be completed?
As soon as possible upon completing of the search
How should Body Worn Video be used in relation to Stop Searches?
It should be switched on and used as soon as a suspect is detained
When is a Use of Force form completed in relation to any Stop Search?
As soon as any force is used but NOT including handcuffed search
If reasonable grounds arise during an innocent encounter with an individual, can a Stop Search then legitimately take place
Yes - the only prohibition for detaining for Stop Search is doing so with the purpose of gaining grounds. You must have grounds BEFORE detaining.
When stating the grounds - verbally and on the form - what should you do?
Be specific and focus on justifying your grounds
What should you NOT do when stating grounds?
Simply say “X was acting suspiciously”. You need to detail what their suspicious behaviour was.
Can the grounds used for one Stop Search be used to justify the searching of other persons?
No - you MUST have ground for each individual person. Guilt by association is NOT legitimate for Stop Search
