Flashcards in Police Powers - Stop and Search Deck (17)
What must suspicion be based on?
Prohibited Articles are . . .
Drugs (Misuse of Drugs Act), Weapons (Firearms Act) or possessions that could be used to commit a burglary or cause criminal damage.
Which items can an officer ask a suspect to remove in a stop and search?
Coat, Jacket and Gloves
What must a police officer tell a suspect in a stop and search?
Their name, number and station. If they aren't in uniform they must show their ID. Must tell suspect reason for search and explain the grounds. Also provide suspect with a copy of the report.
What must a report of a stop and search include?
Time, date, location, reason, grounds, outcome, any injury or damage caused as well as the ethnicity of the suspect (McPherson's Report)
What will happen if police officers do not conform to rules regarding Stop and Search?
The evidence is inadmissible as seen in Osman v DPP
What does Code of Practice A state?
That the powers must be used fairly,with respect and without discrimination
Rice v Connolly
The suspect would not answer questions when he was behaving suspiciously in an area where there had been some burglaries. He couldn't be charged with obstructing an officer in his duty as he wasn't hostile - public can refuse to answer.
Ricketts v Cox
In this case the suspect was very abusive when questioned. He was convicted of obstructing an officer in his duty
What is Stop and Account?
Police can ask individuals to stop and account for their presence in an are,their behaviour, actions or possession of anything.
What does S.1 PACE state?
Police have the power to stop and search an individual or vehicle in a public place.
What is considered a public place?
Street, park, car park, or even a private garden if the police don't believe the suspect lives at that address.
What does S.117 of PACE state?
Police can use reasonable force.
Osman v DPP
Police did not provide Osman with their name, number or station. This meant the stop and search wasn't lawful and Osman was not charged with assaulting an officer.
What is a fishing expedition?
When police search an individual or vehicle in the hopes of finding something to justify their search.
What does S.60 of the Criminal Justice and Public Order Act allow?
Allows S+S without reasonable grounds or suspicion. Must be issued by a senior officer in anticipation of violence, e.g. football hooliganism and riots.