Stop & Search Flashcards
Stop & Search
A stop and search can be conducted: When you have ‘reasonable grounds’ to suspect someone (or a vehicle is carrying a prohibited article or an item to be used in crime.
OR
To prevent incidents of serious violence. There are, essentially, three types of search; basic (JOG), more thorough (MTS) and one involving exposure of intimate parts (EIP) (College of Policing, 2021)
JOG
-Jacket, Outer Coat or Gloves
-Can request a person to remove any of these items in public view.
-You can (when reasonable) search a person’s outer garment pockets, insides of collars, shoes, socks and hair.
MTS
More Thorough Search
-With reasonable grounds
-Done out of public view
-Involves removal of jacket, outer coat, gloves, headgear, footwear, and any items concealing identity.
-May only be made by an officer of the same gender (unless a person specifically requests this.
What is the smallest level of search?
Asking someone what is in their pockets
S.1 PACE 1984
A police constable may detain in order to search any person, vechicle or anything which is in or on a vehicle, in any place to which the public has access, if he or she has reasonable grounds for suspecting that:
-Stolen or prohibited articles or
-Bladed or sharply pointed articles or
-prohibited fireworks will be found.
S1(6) any such article found during a search may be ‘seized’
Uniform for searches?
No
Definition of ‘outer coat’ or ‘jacket’
There is no definition, essentially anything that zips or buttons up while there is a layer underneath.
Who can we search?
Anyone of any age.
Be more mindful when searching children.
S.1 PACE definition of vehicle
Any conveyance - including vehicles like bikes.
S.1 PACE definition of public place
-Communal areas are public places (like a shared kitchen)
-Pub can be private when closed
-Does the public or section of the public have access?
Can you search someone in a dwelling? (S.1 PACE 1984)
No - even if the person shouldn’t be there
What do you do if you find a firearm?
Handcuff them and call firearms. DO NOT TOUCH THE FIREARM
S.1 PACE 1984 - Likelihood of Possession
Need reasonable grounds for suspicion before they stop & search someone.
Need objective reasoning.
S.1 PACE 1984 Detain
Must have reasonable grounds to suspect possession of the article before detaining
G.O.W.I.S.E.L.Y.R
Ground for the search
Object of the search
Warrant card
Identity of officer
Station to which attached
Entitlement to search record
Legal power used
You are detained only for the duration
Re-assurance
S.23 Misuse of Drugs Act 1971
If a constable has reasonable grounds to suspect that any person is in possession of a controlled drug s/he may:
-Search the suspect
-Detain the suspect for the purpose of searching him
-Search any vehicle or vessel where the drug is suspected to be, and require a person to stop it for that purpose, and
Seize and retain for criminal proceedings under the Act anything found during the search which appears, to the constable, to be evidence of an ofence under the act
When searching for drugs think about…
Digital devices, look for phone contacts, Sat Nav etc.
S.60 Criminal Justice and Public Order Act 1994
-A no-suspicion power to prevent acts of serious violence in a specified locality.
-Authorised on a temporary basis only be Insp or above for 24 hours) can be extended by Supt or above)
-Must be in uniform to search pedestrians, vehicles, passengers etc.
S60AA Criminal Justice and Public Order Act 1994
Power to remove face coverings to conceal identity. Can be religious wear but should be out of view.
CSP
Community Scrutiny Panel:
Review Stop & Search forms at random. Ensure you put on sufficient grounds.
Stop & Search Children
-THINK SAFEGUARDING, children are vulnerable.
-Youth Strip Searches must only happen in extenuating circumstances, Inspector
-Parents (or equivalent) need to be contacted
-Appropriate adult needs to be present
What are reasonable grounds?
Yes - Intelligence, Detailed Description, Specific Behaviour, Conduct
No - Hunch/Instinct, Stereotypes, Acting suspicious
Maybe - Previous Convictions, Smell of Drugs, Geographical Area, Conversation/Answers.
Recording a Stop & Search
Must contain:
-Object of the search
-Grounds for the search
-Note of person’s self-defined ethnicity
-Note of ethnicity perceived by officer (if different)
-Date, Time, place of search
-Identity of officer carrying out search (and others present)
-If vehicle, its registration number
-Outcome
Initial Interaction
-Turn to the side (bladed stance), make the target area for attack small
-Have 4-6 feet distance away to allow reactionary distance
-Hands above the waistline
LESSS
Lawful, Effective, Safe, Systematic Searching
-Use fingers (more nerves endings) when searching.
-Ground declaration (if ground is clear, state it)
-Wear gloves for personal protection
-Be professional/diligent/confident/suspicious.
-Cover officer helps keep suspect distracted
Method of searching
-Ask to see hands
-Feel small of back
-Ask subject to put hand on small of back
-Hold onto thumbs/interlock fingers or hold onto fingers
-Stand off to the side with foot against theirs.
-Top to bottom searching
-Overlap quadrant lines when searching
-look in voids: palms, collar bone, armpits, shoulder blades, waistband, small of back, groin and ankles.
How people defeat a search
-Conceal (effectively)
-Discard
-Escape
-Distract
