Stop and Search Rights UK | Police Power Stop and Search for Prohibited Items | BlackBeltBarrister

You have certain rights if the police detain and search you.

The police have a power to stop and search you under various Acts of Parliament. For example there is the power to search for prohibited drugs under the Misuse of Drugs Act 1971 and a general power to search under section 1 of the Police and Criminal Evidence Act 1984. You have certain rights if the police stop and search you for prohibited items or articles. The police must provide you with the grounds of the search, which is the reason you have been stopped and detained for the purposes of a search. The police must provide you with the object of the search, that is the item or article that the police are looking for when carrying out the search. The police must then identify themselves before carrying out the search, this may be by showing you their warrant card, providing you their identity and collar number, and, they must tell you which station they are attached to. If the offices are in plain clothes when they carry out the search they must present their warrant card to identify themselves. The police must also provide you with the legal power under which they are carrying out the search for example, as above, the power to search for drugs under the Misuse of Drugs Act. Finally, the police must tell you that you are being detained for the purposes of a search. If the police want to search more thoroughly they may ask you to remove an outer layer of clothing, but for a more complete or, a full strip search, this must be authorised by a more senior officer (such as an inspector) and must be done away from public view and members of the opposite sex; this type of search is usually carried out in a police tent or at the police station or, in rare situations, A search may be carried out in a police van.

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[crnin]

Go Wisely...

G - Grounds for the search
O - Object (what is it you are looking for)
W - Warrent Card of the officer
I - Identity of officer
S - Station they are based at
E - Entitlement to a copy of the search
L - Legal Power under which the stop and search has made
Y - You are being detained for the purposes of a search. You have to be told this.

[Stuart_George]

Worth pointing out that for 'object', the search should be confined to areas where the object is likely to be found.
If the object of the search is a 12" machete, the officer (in theory) should not be looking in your wallet for it.
I suspect that in real life, this particular provision of the Code of Practice is rarely adhered to.

[stevemcilroy]

Good information, especially in this day and age.

[ClaymateDesigner]

The police are not interested in the law, only your compliance.

[rareoldschoolbreakbeathard]

how many times can you be stopped when the police find nothing before it becomes police harassment

[poco]

"Not good practice based on smell alone"... Err someone should inform the Police and the Council that!

[rayzalaf]

What are your thoughts on the abuse of section 43 for public photography?

[steveakam]

A few months ago the IOPC in upholding a complaint against an officer stated that being able to smell drugs is not sufficient grounds for a search. The problem is that officers can make this unprovable claim to justify a search where they have no valid grounds.

[Cornz]

If only the police would abide by their own code of conduct.

[bodge]

I find it strange that any bladed “tool” is automatically classed as a weapon when it has not been used as a weapon. Surely even a house brick is just a brick until it has been weaponised by using to attack or defend oneself.

[andypaddon]

Suggestion for a video - Metal detecting - where are you allowed and not allowed to do it? Can you keep what you find?

[lawlessgecko]

I had an experience a number of years ago in Scotland with a stop and search. I was with my fiancé, and my 8yr old daughter, we decided to walk to the shopping centre as it was a nice day. I am not know to the police, I had minor offences as a teenager but by his time I was in my mid 30's and have no criminal record or been involved in any sort of crime.
I was walking our dog (a Jack Russell, not a Pitbull) so was about 200 yards behind my fiancé and daughter as they were eager to go shopping! I was walking past a street entrance when a police van pulled up and detained me for a search. I asked why and they explanation I was given was "we suspect you have just bought drugs from a nearby property" They had me take my jacket, shoes and socks off in the middle of the street.
Luckily my fiancé and daughter did not witness this. After the search was over they just told me to put my clothing back on, hopped in their van and drove away! I was left a bit stunned stood in the street barefooted with my shoes and socks in my hand and my jacket hung on a fence where the officer left it!
I understand Scotland has one of the highest drug death rates in Europe plus a really bad knife crime rate but I wasn't some teenager or a pale looking skeletal figure so to say the least this left a bit of a bitter taste in my mouth.

[tonystrange]

Go Wisely. I had never heard of this before, but what a great way to remember your rights and what should happen if stopped and searched. And congratulations on the continuing rise in subscriber numbers. Long may it last.

[asmrsingandgamingencantoga]

And if possible, take your phone out and record your interaction with police, they can't stop you recording them

[anthonyshepherd]

If no crime has taken place they have no grounds to search

[muffinsavior]

Man I'm a prelaw major in the US, it's amazing seeimg the similarities and influence English laws have shaped our judicial system. I can see we still have major influences from the UK to this day.

[billyspencer]

Great vid would love to see another video specifically on cannabis as the laws seem to be changing ATM especially around medical use and the new legal stuff with businesses that deal with CBD products. Cheers!

[mercedesblack]

Police can use excuses they choose to stop someone if they have a grudge against a family for reasons they may have lost in court over misconduct or something?
They also like to escalate the situation because they hold the power to do so and when reported to PSD they give their side of the story in private.

Transparency?

[polarbear]

I think when you say be 'co-operative' that could be pretty misleading advice. Don't resist, sure. Should I give my details under a Stop and Search? I wouldn't. Should I say as little as possible? Yes. There is little to be gained by talking to the police.

[denisesilvaart]

REFUSAL OF CITIZEN TO IDENTIFY SELF
The Common Law does not require a citizen to identify one self or carry identification of any sort. Therefore, while it may be the mark of a good citizen to identify oneself when asked to do so, a police officer must not use force to compel someone to identify oneself if he or she refuses; otherwise, the officer will be guilty of Criminal assault and liable to civil damages Koechlin v Waugh (1957) 118 CCC 24 ( Ont C.A)