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