Pace 3-4 Flashcards
Where can article 3 PACE be used?
Public place
If they’ve gone in to a garden and you think it’s not their garden or they don’t have permission to be there then can still search them
If it’s their own garden then you can’t
What power does article 3 PACE give an officer?
Stop and search persons, vehicles etc
Can you detain under article 3 PACE?
Yes may detain for purposes of a search for a time that is reasonable to carry out search
What can you search for under article 3 Pace?
Any prohibited article ie offensive weapon any item made or adapted for any burglary or theft
Any stolen item
Any fireworks
Also applies to search for blade or point in public place
Do you have to be in uniform to do search under 3 pace?
No but must show warrant card give name number and station
What must you provide to person before doing search without arrest?
Grounds Object to be searched for Warrant card if not in uniform Identity ie name number and station Station Entitlement to copy of search record
Can you detain for purposes of search without arresting.
Yes for a time that is reasonable to carry out search
Do you need grounds to search under 3 pace?
Yes you need reasonable suspicion that you will find stolen or prohibited items inc fireworks
Reasonable grounds for suspicion can not be provided retrospectively by such questioning during a persons detention
Can you stop and detain person in order to find grounds?
No
Can you use force to search a person under 3 PACE?
Yes.
Cooperation must be sought on every case
However reasonable force may be used as a last resort if necessary to conduct a search or to detain a person or vehicle for the purposes of a search
Where can you carry out a search under 3 pace?
Must be carried out at or nearby the place where the person or vehicle was first detained
What if you want to ask them to remove a tshirt?
This can be done but out of view eg police van or nearby police station
Can a make search a woman?
Only bag and outer garment but preferably a female officer will do this
