Day ten Flashcards

(11 cards)

1
Q

stop and search definition

A

represents a direct interference by state on an individual

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2
Q

fair search

A

justified, lawful and will stand scrutiny, there is a genuine objective reasonable suspicion, understand they have to be searched, necessary and most proportionate search

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3
Q

PACE section one

A

power to stop and search any person or vehicle for stolen/prohibited articles without arrest. secure evidence lawfully
can occur in any public place

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4
Q

PACE s1 ss2

A

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

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5
Q

PACE s1 ss6

A

able to seize items recovered

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6
Q

PACE s1 ss4

A

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

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7
Q

PACE s1 ss3

A

reasonable suspicion - objective reason for suspecting person possesses a stolen or prohibited article

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8
Q

SHACKS - reasonable grounds

A

Seen
Heard
Actions
Conversations
Knowledge
Smell (alone not enough grounds)

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9
Q

ICI - reasonable grounds

A

Information
Behaviour
Intelligence

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10
Q

PACE section two

A

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

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11
Q

record of search

A

persons name
DOB
address
description of person
location of stop

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