Stop and search Flashcards
(21 cards)
Why do we use stop and search?
- Important component in PREVENTING high harm offences.
- Enables officers to allay or confirm suspicions about individuals without exercising their power of arrest.
Reasonable grounds
POSH - recognise reasonable suspicion.
Must always be able to JUSTIFY your reasons of suspicion.
POSH model can be used in recognising reasonable suspicion
Paint the picture - info & intel
Observe - what you can see
Smell - petrol,paint,drugs
Hear - noises/voices
Conversational Engagement
If you do not have enough grounds to stop and search.
You can ask a person to explain their behaviour, presence in an area or what they are in possession of.
They are free to leave at any time and not obliged to answer questions - NOT DETAINED.
Stop and Search form / record
5090A
Entitled to a copy from me now or from any Metropolitan police station within 3 months.
GOWISELY must be said in order for it to be lawful.
G- Grounds
O - Object
W - warrant card
I - Identification
S- Station
E- Entitlement (5090A)
L - Legal power / Law
Y - You are detained (this is not voluntary)
Exception of GOWISELY.
If you were unable to complete GOWISELY e.g. they run away you must record why in your pocket book and complete after.
Other key points in a stop and search
Explain your Body worn video is recording visually and audibly.
Wear gloves for both mine and your protection.
Do you have anything sharp or anything which can harm me or you.
5 LEVELS OF SEARCHING
1: JOG - Jeans, outer coat , gloves
(Any officer, no authority req, can be in public view)
2: Headgear and footwear
(Any officer, no authority req, out of public view)
3: Religious headgear
(Same sex officer, no authority req, out of public view)
4: Upper and lower clothing e..g shirt/ trousers
(Same sex officer, out of public view, no authority req)
5: MTIPS - more thorough intimate parts search - exposing genitals
(x2 same sex officers, BWV off , out of public view - police station, supervisor authority required.)
Search must end.
Stop and search must be completed.
Person must be informed they are no longer detained. - ALLAYED
Unless person is arrested.
Stop and search powers
- Section 1 of PACE 1984
-Section 23 Misuse of Drugs act 1971
-Section 47 Firearms act 1968
-Section 43 & 47 Terrorism Act 2000
-Section 60 Criminal Justice Act & Public Order Act 1994
Section 1 Of Police and Criminal Evidence Act 1984 (PACE)
A constable may search any person, vehicle or inside/ on a vehicle for stolen or prohibited articles if they have reasonable suspicion they will find stolen / prohibited articles.
In a public place
Not a dwelling.
PROHIBITED ARTICLES
WTDFP
W - WEAPONS
T- THEFT
D- DAMAGE
F - FIREWORKS
P- PROTEST
PLAN - Human rights
As stop and search is taking away someones liberty so all actions must me PLAN.
Proportionate
Legal
Accountable
Necessary
Vulnerable Characteristics - take extra care.
Physical / learning disabilities
Age
Gender
Mental Ill health
- Talk to the person to ensure they understand.
- Find parent, guardian, carer, interpreter if in doubt.
Conscious Bias
Unconscious Bias
Bias or prejudice we are not aware of.
Always listen and be prepared to adjust your behaviour.
Bias
Our attitudes and beliefs by conscious/unconscious bias can lead to inappropriate behaviour.
E.g. discrimination / harassment / bullying
Objective test
- Must have genuine suspicion taht you will find the object.
- Reasonable person would come to the same conclusion.
- Known facts, info and intelligence
Hunch / gut feeling can NEVER be used as grounds of suspicion.
What is the quality of encounter model?
Engage - Start as you wish to continue
Explain - Why they are being stopped
Ensure - they understand the process
Record - record everything offer them a copy of 5090A
Reassure - Acknowledge the inconvenience ask them if they have any further questions.
Confrontation Handling (ICRC). What does ICRC stand for?
Intervention
Calm
Rapport
Control
What model can be used to encourage deescalation during an encounter?
LEAPS
Listen - verbals and non verbals
Empathise - try to sympathise with the situation
Ask - them questions listen to their side
Paraphrase - to show you have listened and understood
Summarise - and offer a way to proceed.