Stop and Search Flashcards by Matt Croome

When will it be permissible to compromise a persons humans rights

Proportionality
Lawful authority
Accountable for their actions
Neccessary

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What is the necessity of stop and search

To enable officers to confirm or allay their suspicions without exercising their power of arrest.

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What is the obligation when exercising stop and search powers

The stop must be brief, if detained then it must take place near to the stop.

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Can an officer search and individual if they have consented but there is no lawful power?

No - Even if they consent there needs to be a lawful power.

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What is the exception to needing a lawful power

Where it is a sporting premises or other premises where searching is carried out as acondition of entry.

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Grounds to stop and search

A officer may stop and search a person, a vehicle or anything in or on a vehicle if they reasonably suspect that they will find any stolen property, prohibited articles, bladed or sharply pointed articles or fireworks.

A person may detain a person or vehicle for the purpose of the search.

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Can a plain clothes officer stop a vehicle with a view to conducting a search.

No a plain clothes officer can not stop a vehicle.

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What is the two step process for stop and search suspicion

Step one subjective test, the officer has formed a genuine suspicion in their own mind that they will find an object.

Step two objective basis for suspicion to be formed based on accurate facts, information or intelligence that would enable a reasonable person to form the suspicion.

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Can an officer conduct a stop search if the officer knows there is little or no likelihood of finding articles sought

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What does the suspicion have to relate to

The suspicion has to relate to the ability to find the item that the search relates to. The suspicion does NOT relate to the person actually committing an offence related to the item (eg stolen property)

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Can you search a person who has innocent possession of stolen articles, prohibited articles or fireworks even though if you find them you would not arrest

Yes.

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Can you search a child under 10 for carrying weapons? Despite the fact that if you find something they are below the age of criminal responsibility

Yes

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What are the legisitmate sources for grounds to stop and search

Personal observations
Intelligence
CHIS reports
Reports from members of the public which CAN be anonymous.

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Can grounds for suspicion be based on a mere hunch

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Does the information relied upon to give reasonable grounds to suspect need to be admissible at trial

No the information does not need to be admissible as evidence.

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What can not be used solely to form suspicion

Personal appearance
Stereotypes
The fact the person is know to have previous convictions.

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Personal appearance
Stereotypes
The fact the person is know to have previous convictions.

Can not be used purely to base suspicion - What is the exception to this.

Gangs where there is RELIABLE information or intelligence that members of either a ganag or group habitually carry knives, weapons or controlled drugs or wear a distinctive item of clothing or other means of identification to identify them as members of that group or gang.

The distinctive item of clothing may provide reasonable grounds to cause the officer to believe they are part of the gang and then suspect they would be carrying a knife etc.

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Personal appearance
Stereotypes
The fact the person is know to have previous convictions.

Can not be used purely to base suspicion - Gangs is one exception what is the other?

Organised protest groups where information or intelligence states that

and organised group arranges a meeting / march and they will bring with them items to cause criminal damage or cause injury in support of the groups aims

Or that one or more previous meetings that used such articles which resulted in damage or injury

Or that on that subsequent occasion they bought with them items with similar intentions.

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Can a person be detained in order to pose questions to form a suspicion to search

No a person can not be detained to find grounds for a search.

Reasonable grounds for suspicion cannot be provided retrospectively

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Where can a stop and search take place

Any location which is open to the public on payment or otherwise as a right of express or implied permission.

Any other place which people have ready access that is NOT A DWELLING

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When can you search someone in a garden yard or land connected to a dwelling

When the officer has reasonable grounds to believe that the person search or vehicle to be searched does not reside there or is not there with expressed or implied permission. (NOTE NOT IN THE DWELLING)

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What if the person is in the garden of a premises that is not occupied.

Game on search away.

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How long can you detain someone for a search

A person or vehicle can be detained for such a time that is reasonably necessary

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Where can a person or vehicle be detained for a search

At the place where they were first detained or nearby

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Who can authorise a Section 60

An officer of the rank of Inspector or above

What is special about the searching officer in a Section 60

Must be in uniform

What is the mindset of an Inspector to authorise a section 60

An inspector must resaobly believe that it is necessary

What are the beliefs and inspector must have to authorise a section 60

That there are incidents involving serious violence that may take place in the future That people are carrying dangerous instruments or offensive weapons without good reason in any locality That an incident involving serious violence has already taken place and a dangerous instrument or offensive weapon was used and it is expedient to find the instrument.

How will the Inspector give the authority for a Section 60

If it is future violence - Writing If it is a belief people are carrying weapons - Writing If an incident or serious violence has already occurred and you need to search for that weapon - Orally and then backed up in writing ASAP

What is the scope for the authority of a section 60

The inspector must state the grounds (future / carrying weapons / serious violence already happened) the locality the powers can be authorised and the period of time it is in force. The inspector must then contact a Superintendent ASAP

How long can an inspector authorise a section 60 for

No longer than is necessary to deal with the threat, however not exceeding 24 hours.

Can a section 60 be extended

Yes for a further 24 hours by a Superintendent.

Can the Superintendent authorise a Section 60 beyond the extension of 24 hours (inspector 24 / Supt 24)

No - A further fresh application will need to be made by the Supt.

When a section 60 is in place what can be searched

Persons / Vehicle / People in vehicles

What can an officer look for on a section 60

Weapons / Dangerous instruments

Are grounds required in a section 60 by officers?

Does an searching officer need to be in uniform for a section 60

Yes

Can an officer carte blanche search anyone on a section 60

Officers should make an objective assessment of both the nature of the incident and the weapon and that they are likely to be associated. Certainly should not be selecting people based on their physical characteristics.

is there a free standing power to stop and search for a disguise

Is there a power to demand the removal of a disguise

Yes Section 60AA

Is there a power to seize a disguise discovered when exercising other search powers

Yes

Can a power under section 60AA require the removal of a religious item

Yes - If the item is going to be used to conceal the persons identity

What is key when an officer is removing an item of religious dress because they believe it is being used to cover identity

Then its should be removed out of public view and in the presence of an officer of the same sex

Can a reasonable excuse of without good reason be used as exceptions to remove an item when directed (Section 60AA)

No this is an absolute requirement.

Can a vehicle be stopped for the purposes of requesting the removal of face coverings.

There is no specific power to stop a vehicle under 60AA however a constable in uniform could use 163 of the RTA

How long does an officer have to execute a warrant under Code A

28 days

What time of day must a search under code A take place

At a reasonable time of day unless this would frustrate the investigation.

Is there an obligation to seeks the persons co-operation for a search under code A

Yes - A person co-operation must be sought in every case.

When can force be used in a stop and search

As a last resort

What clothing can be removed during a stop and search in public

Outer coat jacket or gloves

Can an officer ask a person to volunteer to remove more items

Yes

Where can a stop and search where you will remove outer clothing but not expose intimate body parts take place

Out of public view Police van Police Station

Where can a stop and search where you will remove outer clothing and expose intimate body parts take place

Out of public view | At a Police Station

Which Police Station can be used for a intimate stop and search

one with a reasonable travelling distance.

Will a search that is conducted in a deserted street at the dead of night be out of public view

What is the time period a person is entitled to a search record for

Within 3 months of the search

Does a record of the search NEED to be made after search

Yes unless wholly impracticable - Urgent call away / Public disorder

Will a properly conduct search become unlawful if a record of the search is not made

No - It will remain lawful.

If prior to the search taking place and due to questioning the officer realises that a search is not necessary does a record need to be made of the stop

Is a person searched required to give their details

There is no requirement

If more than one person in a vehicle is search how many records are required

One for each person