Stop Search Flashcards
In which section do our stop search powers lie?
Section 1 police, powers and procedures act 1998
Outline GO WISELY
G grounds to suspect -Intel O object/purpose to search - item looking for W warrant card I identity S station E entitlement to search record L legal power to search sec 1ppp Y "you are detained for purposes of a search"
To conduct a stop search we must have…
Reasonable grounds to suspect
Stolen or prohibited articles will be found
Expand on the articles which we must have reasonable grounds to suspect they possess…
Stolen items Items for going equipped to commit BORATT Items to commit criminal damage Offensive weapons Bladed or sharply pointed articles Fireworks/explosives
Define section 1 PPP
Constable can detain in order to search Any person or vehicle (on or in) In any place public have access If reasonable grounds exist To suspect stolen or prohibited articles Will be found
What powers allow us to use force to detain a person?
Section 80 PPP 1998
Section 6 criminal law act 1981
What are the rules regarding public places?
Any place public have access
Eg work/school/private functions
Does NOT include dwellings
What are the rules around searching people or vehicles gardens or yards of dwellings?
Can search people providing -
The person does not reside there
The person to be searched is not there with permission
Can search vehicles providing -
Providing person who is in charge of vehicle does not reside there
Vehicle not there with permission
If after the initial search under sec 1 PPP, you find something, what should you do?
Arrest under necessary offence
Search again under sec 35 PPP using DIE
During a sec 1 PPP search you must consider…
The object you are searching for and therefore the areas of the person you are reasonably going to expect to find it
Must have an object in mind
Where can we stop and search?
Any place public have access too
Not a dwelling