Stop & Search Flashcards
What is the primary purpose of Stop & Search
The primary purpose of stop and search powers are to enable officers to allay or confirm suspicions about individuals and or vehicles without exercising their power of arrest.
What is Section 1 PACE
if you have reasonable grounds to suspect you will find something on a person or vehicle (has to be in a public place). You can search for stolen property, articles for theft, offensive weapons, articles for damage or Category IV fireworks.
What is the Police and Criminal Evidence Act
A police constable may detain in order to search any person, vehicle 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 place or sharply pointed articles, or prohibited fireworks will be found. Any such article found during a search may be seized.
What is Section 23 Misuse of Drugs Act
A constable or other person authorised in that behalf by a general or special order of the Secretary of State shall, for the purposes of the execution of this Act, have power to enter the premises of a person carrying on business as a producer or supplier of any controlled drugs and to demand the production of, and to inspect, any books or documents relating to dealings in any such drugs and to inspect any stocks of any such drugs.
Can a police officer conduct a consensual search
No - A Police Officer must not search a person, even with their consent, where no power of search is applicable.
What is a JOG search
Outer garments, jacket, and glove
Can be done in public, Code A of practices states no more than outer jacket, coat and gloves can be removed.
What is an MTS search
More than out garments search (MTS)
Any search requiring removal of more than outer clothing. A more thorough search
Must be done in private and out of public view by the officer of the same sex.
What is a EIP search
EIP (exposure of intimate parts)
Searches involving exposure of intimate parts of the body must not be conducted as a routine extension of a less thorough search, simply because nothing is found in the course of the initial search.
Searches involving exposure of intimate parts of the body may be carried out only at a nearby police station or other nearby location which is out of the public view, but not a police vehicle.
What number do you require on the Lord Devlin Scale of Justice to raise suspicion?
2-3
What number do you require on the Lord Devlin Scale of Justice to have reasonable grounds?
7-8
What is SHACKS
Seen Heard Actions Conversation Knowledge Smell
What is GO WISELY D
G rounds – reason for search
O bjective – item looking for
W arrant card – if in plain clothes or requested
I dentify – who you are
S tation – where you work
E ntitled to requesting the information within 3 months
L egal power you are using
Y ou are detained for the purpose of a search
D o you understand?
Use of Force
What does section 117 PACE provide a constable
To use reasonable force, if necessary, in the exercise of your power of arrest
Use of Force
The criminal law act 1967 Section 3 states -
You may use such force as is reasonable in the circumstances
To affect the lawful arrest of offenders or suspected offenders or persons unlawfully at large.
Use of Force
Section 76 Criminal Justice & Immigration Act 2008 states
This allows you to use reasonable force for the purposes of self defense and protection of property as described in common law, as long as you had an honest belief in relation to the threat you faced at the time
