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?)