Day ten Flashcards
(11 cards)
stop and search definition
represents a direct interference by state on an individual
fair search
justified, lawful and will stand scrutiny, there is a genuine objective reasonable suspicion, understand they have to be searched, necessary and most proportionate search
PACE section one
power to stop and search any person or vehicle for stolen/prohibited articles without arrest. secure evidence lawfully
can occur in any public place
PACE s1 ss2
a constable can search any person, vehicle, anything in a vehicle for stolen or prohibited articles or bladed/pointed article, firework and detain person or vehicle in order to conduct search
PACE s1 ss6
able to seize items recovered
PACE s1 ss4
cannot search in a garden, yard or anywhere used for dwelling unless constable has reasonable grounds to suspect they do not reside in the dwelling
PACE s1 ss3
reasonable suspicion - objective reason for suspecting person possesses a stolen or prohibited article
SHACKS - reasonable grounds
Seen
Heard
Actions
Conversations
Knowledge
Smell (alone not enough grounds)
ICI - reasonable grounds
Information
Behaviour
Intelligence
PACE section two
info given to someone before search
Grounds for search
Object looking for
Warrant card if not in uniform
Identity - your name
Station you are from
Entitlement to copy of record
Legal power used
You are being detained for search
record of search
persons name
DOB
address
description of person
location of stop