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MerPol > Stop / Search / Entry > Flashcards

Stop / Search / Entry Flashcards

1
Q

A “public place” is?

A

Anywhere the public or any section of the public have access:
= on payment or otherwise,
= as of right or by virtue of express or limited permission

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2
Q

A “private place” is?

A

Land or premises which are privately owned to which the general public does NOT have ready access.

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3
Q

PACE 1984 - Code G - Necessity Criteria - What is the arrest criteria? Mnemonic?

A

“COPPLAND ID”

C - to protect a child or vulnerable person
O - to prevent an obstruction of the highway
P - to prevent physical injury to self or other
P - to prevent an offence against public decency
L - to prevent loss or damage to property
A - to ascertain the person’s address
N - to ascertain the person’s name
I - to allow a prompt and effective investigation
D - to prevent the disappearance of the suspect

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4
Q

Stop and Search - Applicable Acts and Sections?

A
  • Section 1 - PACE
    ( Cannot be used in a place the public do not have access)
  • Section 23 _ MDA
    (Drugs Search)
  • Section 32 - PACE
    (Search after arrest, does not require GOWISELY)
  • Section 43(1) - Terrorism Act
    (Can omit identity from GOWISELY)
  • Section 60 - Criminal Justice & Public Order Act 1994
    (Does not require GOWISELY)
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5
Q

PACE 1984 - Powers of Entry & Seizure - Applicable Sections?

A
  • Section 17 - P.O.E to Arrest a PERSON
  • Section 32 PERSON & PREMISES
  • Section 18 - P.O.E. After ARREST to search a property
  • Section 19 - General Power to Seize Property/Evidence
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6
Q

PACE 1984 - Section 1 - Code A - Stop & Search - Definition?

A
  • Power to stop and search a
  • Person, vehicle or
  • Anything which is IN or ON a vehicle
  • with REASONABLE GROUNDS for suspecting that:
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7
Q

PACE 1984 - Section 1 - Code A - Stop & Search - What can be searched for? Mnemonic?

A

“APS”

  • Articles with a blade or point
  • Prohibited articles/fireworks
  • Stolen articles
    (e. g. offensive weapons, including a firearm; articles for going equipped for burglary, theft, taking a motor vehicle or other conveyance or fraud; offences under Section 1 Criminal Damage Act 1971)
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8
Q

PACE 1984 - Section 1 - Code A - Stop & Search - Reasonable Grounds to Suspect ? - Mnemonic?

A

“SHACKS”

  • Seen
    What have you seen, including actions/behaviour?
  • Heard
    What have you heard? Conversation, alarms, breaking glass, etc?
  • Actions
    What you did, what the person did in response, and so on. Did their actions increase or decrease your grounds to search?
  • Conversation
    What did you say to them? What did they say to you? Did their reply increase or decrease your grounds to search?
  • Knowledge
    What is already known about the individual in terms of intelligence rather than previous convictions? What is the time/location? Is the area a crime hot spot? Has the person been seen or pointed out by a witness?
  • Smell
    Any smells that might give rise to the suspicion that drugs may be present?
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9
Q

PACE 1984 - Section 1 - Code A - Stop & Search - Procedure before a search? - Mnemonic?

A

“GO-WISELY”

You must inform the person being searched of their detention as soon as it begins and give them the following information:

  • G - Grounds for search
  • O - Object and purpose of search
  • W - Warrant card (if in plain clothes or requested)
  • I - Identity of officer
  • S - Station to which attached
  • E - Entitlement to a copy of the search record
  • L - Legal power used
  • Y - You are detained for the purposes of a search
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10
Q

PACE 1984 - Section 17 - Entry for Purpose of Arrest - Definition

A

Deals with the various types of offence, which give rise to the power of entry for purpose of arrest.

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11
Q

PACE 1984 - Section 17 - We can enter premises when? - Mnemonic 1?

A

“W A S P S”

Believe:
W - Entry to execute a warrant of arrest or committal (Criminal Matters)
A - Arrest for an indictable offence
S - Arrest for a specified offence
P - Persons at large - an immediate pursuit

Suspect:
S - Save life/limb or protect property from serious damage

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12
Q

PACE 1984 - Section 17 - We can enter premises when? - Mnemonic 2?

A

“PLEASE”

P - Pursuit of a person who is unlawfully at large
L - Life & Limb or prevent serious damage to property
E - Execute a warrant
A - Arrest for an indictable offence
S- Statutory Offences
E - Escaped from lawful detention

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13
Q

PACE 1984 - Section 18(1) - Enter premises after detention at a police station?

A
  • Enter & search (seize and retain) any premises,
  • OCCUPIED or CONTROLLED
  • by a person who is under arrest for an INDICTABLE OFFENCE
  • if he/she has reasonable grounds for suspecting there is on the premises EVIDENCE relating to:

= That offence; or
= Any other INDICTABLE OFFENCE connected with or similar to the one they have been arrested for.

(This power of entry 18(1) applies AFTER a suspect has been arrested and detained in custody. It should be a matter of FACT that the premises are occupied or controlled by the suspect, it is not sufficient to suspect they are.

= OCCUPIED= Home Address, Caravan,
= CONTROLLED= Garage lock-up, business premises(warehouse/factory/office)

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14
Q

PACE 1984 - Section 18(1) - Enter premises after detention at a police station - Does it require written authority by an Inspector and possession of search forms (PCE 10)?

A

Yes

  • Must be under arrest for an INDICTABLE OFFENCE
  • Need written authority of Inspector or above
  • Must be in possession of search forms (PCE 10)
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15
Q

PACE 1984 - Section 18(5) - Can a PC enter a suspect’s premises after arrest but before detention at a police station?

A

Yes

  • A search can only be done if the PRESENCE of the detained person is necessary for the effective investigation of that offence.
  • In order to conduct an effective search
  • Can search premises without obtaining inspector’s authority - however, an Inspector or above must be informed as soon as practicably possible.
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16
Q

PACE 1984 - Section 19 - Power to seize property after search?

A

A PC who is lawfully on premises may seize anything which he has reasonable grounds to believe is:

  • Covered in a warrant
  • Evidence of ANY offence, or has been
  • Obtained due to committing an offence
17
Q

PACE 1984 - Section 19 - Power to seize property after search? - Power to seize property after search - Can only be seized to prevent? - Mnemonic?

A

“CLAD”

C - Concealment
L - Loss
A - Altered
D - Damaged/Destroyed

18
Q

PACE 1984 - Section 23 - Powers of Entry - Meaning of Premises? - Mnemonic?

A

“HAVE IT”

Hovercraft
Aircraft
Vehicle

Installations (Offshore Oil Rigs)
Tent (or moveable structure)

19
Q

PACE 1984 - Section 24 - A Lawful Arrest Requires 2 Elements - What are they?

A

(1) - A person’s involvement, suspected involvement, or attempted involvement in the commission of a criminal offence; and
(2) Reasonable grounds for believing that the person’s arrest is necessary.

20
Q

PACE 1984 - Section 24 - Retention of Evidence - Anything seized under Section 19 may be retained so long as necessary to:

A
  • Be used as evidence in a trial
  • Be forensically examined
  • Be used in the investigation of an offence
  • Establish its owner
21
Q

PACE 1984 - Section 30 - De-arresting?

A

A person arrested by a PC at a place other than a police station. Shall be released if the PC is satisfied before reaching the police station that there are no grounds for keeping him/her under arrest.

22
Q

PACE 1984 - Section 31 - Further Arrest?

A

Where a person is under arrest at a police station and it appears that if released…

  • They would be liable to arrest for some other offence. Then section 31 requires that person be arrested for that offence.
23
Q

PACE 1984 - Section 32 - Searching Upon Arrest? - Mnemonic?

A

“DIE PIE”

D - Danger to self or others
I - Implement to escape
E - Evidence of any offence

P - Place where arrested
I - Place immediately prior to where arrested
E - Evidence of that offence

24
Q

PACE 1984 - Section 32 - Searching Upon Arrest - Extent of search? - Mnemonic?

A

JOG

J - Jacket
O - Overcoat
G - Gloves

25
Q

PACE 1984 - Section 117 - Reasonable Force - When considering use of force what should you consider? - Mnemonic?

A

“PLANE”

P - Proportionately
L - Legality
A - Accountability
N - Necessity
E - Ethical

Physical restraints will be covered during PST but usually taking hold of a person by the arm is sufficient.

26
Q

PACE 1984 - Section 117 - Reasonable Force - What are your response options?

A

Your response options include:

  • Communication skills
  • Primary control skills
  • Secondary control skills
  • Defensive/offensive tactics
  • Potentially lethal force
27
Q

PACE 1984 - Lawfully on-premises is when a PC has gained entry via what section(s)?

A
  • Section 17
  • Section 18(1) or (5)
  • Section 32

• A PC may also enter and search premises if given written consent by the owner/occupier.

28
Q

Significant “Silence” & “Statements”

A

A significant statement or silence is defined as:

One which appears capable of being used as evidence against the suspect, inparticular a direct admission or guilt or a failure or refusal to answer a question or to answer it satisfactorily, which might give rise to an inference under S.34 of Criminal Justice and Public Order Act 1994.

29
Q

Significant Statements

A

Significant information said BEFORE or AFTER caution.

30
Q

Significant Silence

A

Significant information only AFTER caution

MerPol (8 decks)

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