Stop and Search Flashcards by Georgina Bingham

What does stop and search allow you to do?

allows you to relay or confirm suspicions about an individual without exercising your power of arrest
allows you to search for prohibited items and items used in crimes

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What are the powers that allow you to stop and search someone?

Section 1 PACE 1984
Section 23 of the Misuse of Drugs Act 1971
Section 32 PACE 1984

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Explain section 1 PACE 1984 in relation to stop and search?

you may detain a person or vehicle to search for stolen or prohibited articles or offensive weapons
can be on private or public land

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Explain Section 23 of the Misuse of Drugs Act 1971

searching in relation to controlled drugs on people and vehicles

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What must your suspicion that items will be found be based on?

must be based on objective basis for that suspicion

facts
information
intelligence

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What can be used as reasonable grounds for a stop and search?

observed behaviour
briefing information
community intelligence

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What can help you develop your grounds for stop and search?

SHACKS is in relation to whether you believe that is it appropriate to stop someone

SEEN - what have you seen
HEARD - what have you heard
ACTIONS - what did you do and what did the person do in response
CONVERSATION - what did you say to them? what did they say to you?
KNOWLEDGE - what intelligence do you have?
SMELL - are there any smells that might be rise to the suspicion of criminal activity. Smell alone cannot lead you to stop someone

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What factors that make a stop and search fair and effective?

person understands why they are being searched
people searched feels they have been treated with respect
the search stands up to public scrutiny

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One of the reasons that officers make bad judgements when applying stop and search powers is…

Bias, prejudice and stereotyping

Awareness of this bias will allow you to deal with people and situations fairly and objectively based on behaviour intel and information

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What is unconscious bias?

bias and prejudice that we aren’t aware of
outside of our control
impacts the quick decisions that we make

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What must all decisions and actions be?

PLAN

proportionate
legal
accountable
necessary

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What information do you need to communicate prior to starting your stop and search?

GOWISELY

Grounds
- provide a clear explanation of your grounds for suspecting a person is carrying an item

Object
- provide a clear description of the object(s) being searched for

Warrant Card
- show your warrant card if asked or if not in uniform

ID
- reveal your identity - name and number

Station
- the station you are attached to

Entitled
- the person being searched must be told that they are entitled to a copy of the search record or receipt

Legal Power

the section power you are using to conduct the search
section 1 or section 23

‘You are being detained for the purposes of a search’
- say this

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How long after a stop and search may someone get a receipt?

3 months

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What items of clothing can you ask a person to remove whilst in public view?

(JOG)

jacket
outer coat
gloves

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What is an MTS check?

more thorough search

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Where would you conduct an MTS? and why?

out of public view (e.g. police station or van) because you require someone to reveal more of their body (e.g. take off their shirt/ shoes)

If someone wraps a scarf around their face or puts on a balaclava just before they become involved in a riot. What legislation allows you to require the removal of that headgear, and when are you not able to require the individual to remove their headgear?

section 60 of the criminal justice and public order act 1994
where a constable believes that the item is being worn wholly and mainly for the purpose of concealing identity
cannot ask people to do so under religious reasons

What does EIP stand for?

Exposure of intimate parts of the body

Where must EIP searches take place?

at a police station
can only be authorised by an inspector or above
must follow strict PACE guidelines

At the end of the search, what must you always do? and what must it include?

make a record of the stop and search

including:

date
time and place
object of the search
ethnicity
officer details
accompanying officers
nature of the power - what it has been used
authorisation - time lines/ geographical

What should you do if a person wishes to make a complaint?

tell them how and where they can get more information

- tell you supervisor immediately

How should you treat a person you search?

respect
fairness
consideration

What should you make clear when searching an individual?

They do not have to provide their personal details

- Deciding to provide personal details will have no effect on the outcome

What components make up the effective search model?

safe
systematic
thorough

What are the four categories of a person search?

1 - initial person search 2 - detailed person search 3 - strip search 4 - intimate person search

Explain an initial person search

- detailed search is not required or prior to a detailed search

Explain a detailed person search

- There are reasonable grounds for suspecting that the subject is in possession of illegal or prohibited items - When a higher level of confidence is required that the subject is not carrying any illegal items

What are the main elements in safely completing a search

- visual search - communication - positioning

What does visual search involve in relation to a safe search?

- visual search of the environment and the subject

What does communication involve in relation to a safe search?

- clear and concise verbal commands | - open questions are preferable

what does positioning involve in relation to a safe search?

- ideally two or more officers - outside the conventional fighting arc - not placed against or near a vehicle or wall whilst searching - the officer may position themselves with their back towards a firm structure that may prevent out of vision approaches by other subjects

``` Under the Section 1 of PACE 1984 expand on the following points (outer layer search) 1- burden of proof 2- extent of search 3- where 4- articles sought 5- gender of searching officer 6- subject consent 7- use of force 8- other consent/authority ```

``` 1- resonable suspicion 2- JOG 3- public access 4- stolen or prohibited items (e.g. burglary, theft, cheat, bladed or pointed article, prohibited firework) 5- can be opposite gender 6- no 7- yes 8- no ```

Under the Criminal Justice and Public Order Act 1994 (section 60) - Where can you search - What can you search - What can yo search for - Grounds - Typical use

- anywhere within a locality specified by an authorisation - pedestrians, any vehicle, its driver and passenger - dangerous instruments or offensive weapons - if an authorisation has been granted for a particular area - gang violence and football hooliganism

Under the Terrorism Act 2000 (section 47A) - Where can you search - What can you search - What can yo search for - Grounds - Typical use

- anywhere specified by authorisation - pedestrians, vehicles and their occupants - evidence that the person is a terroist or the vehicle is to be used for terrorism - if an authorisation has been give - terrorism

Under the Terrorism Act 2000 (section 43) - Where can you search - What can you search - What can yo search for - Grounds - Typical use

- anywhere - persons and vehicles - evidence that the person is a terrorist or that the vehicle is being used for the purpose of terrorism - reasonably suspects that the person is a terrorist or the vehicle is being used for the purposes of terrorism - any situation where someone may be planning or carrying out terrorism

``` Under the Section 1 of PACE 1984 expand on the following points (more than just outer layer search): 1- burden of proof 2- extent of search 3- where 4- articles sought 5- gender of searching officer 6- subject consent 7- use of force 8- other consent/authority ```

1 - reasonable suspicion 2 - more than just JOG 3 - public access but away from public sight (e.g. police vehicle/station) 4- stolen or prohibited items (e.g. burglary, theft, cheat, bladed or pointed article, prohibited firework) 5 - same gender (unless subject requests) 6 - no 7 - yes 8 - no

``` Under the Section 23 of Misuse of Drugs Act 1971 expand on the following points: 1- burden of proof 2- extent of search 3- where 4- articles sought 5- gender of searching officer 6- subject consent 7- use of force 8- other consent/authority ```

``` 1 - resonable suspicion 2 - JOG 3 - Not restricted to public access 4 - controlled drugs 5 - Preferably same gender 6 - No 7 - Yes 8 - No ```

``` Under the Section 18 of PACE expand on the following points: 1- burden of proof 2- extent of search 3- where 4- articles sought 5- gender of searching officer 6- subject consent 7- use of force 8- other consent/authority ```

1 - reasonable suspicion 2 - premises occupied or controlled by person under arrest for indictable offence 3 - premises 4 - evidence relating to the offence or connected/ similar offence 5 - N/A 6 - No 7 - Yes 8 - Under arrest for indictable offence. inspectors authority

``` Under the Section 32 of PACE expand on the following points: 1- burden of proof 2- extent of search 3- where 4- articles sought 5- gender of searching officer 6- subject consent 7- use of force 8- other consent/authority ```

``` 1 - reasonable belief 2 - JOG (can search mouth) 3 - public/premises 4 - search after arrest for DIE 5 - can be opposite gender 6 - No 7 - Yes 8 - No ```