To Search or Not to Search

Posted: 26 July 2024

Police Powers and Your Rights.

It is no secret that police officers have extensive powers to search people for a vast array of items. However, the very fact that there are numerous circumstances under which these powers can be used means that members of the public may allow a search to take place, assuming that it is legal, when it is not. For this reason, it is important to understand when and what the police can search to protect your rights and property.

Section 1 PACE 1984:

If you are in a place to which the public have access – but which is not a dwelling – the police may be able to detain you for the purposes of a search. Under Section 1 Police and Criminal Evidence Act (PACE) 1984. A constable my stop and search a person or vehicle if they have reasonable grounds for suspecting that the person has in their possession anything which is stolen or prohibited. Whilst ‘stolen’ is self-explanatory, ‘prohibited’ is vague. Luckily, the Act specifies that an item is prohibited if it is an offensive weapon which is made, adapted or intended for use in causing injury. Alternatively, if it is an article made or adapted for use in committing offences such as burglary, theft, criminal damage or fraud.

Section 23 Misuse of Drugs Act 1971

Similarly to Section 1 PACE 1984, Section 23 Misuse of Drugs Act 1971. This confers upon a constable the power the power to stop and search a person or vehicle if they have reasonable grounds for suspecting that they have in their possession any controlled drug. Examples of controlled drugs are cannabis, cocaine and heroin; however, this list is not exhaustive. It is worth noting that a few Police Forces have stated that the smell of drugs alone is not enough for officers to have reasonable suspicion the individual has drugs in their possession. Plus, there must be other factors present for the suspicion to be formulated.

Section 60 PACE 1984

Whilst the police need to have reasonable suspicion to exercise the powers. The Law allows for circumstances in which officers may carry out stop searches without said suspicion. If an Inspector or above believes that there may be incidents of serious violence within their policing area.  They may give constables the power to search persons or vehicles without reasonable suspicion they will find something stolen or prohibited. This will be for a period not exceeding 24 hours.

What are my rights?

Before an officer can stop and search a person, they must provide the person with specific information. The information that must be conferred can be remembered with the helpful mnemonic ‘GO WISELY’.:

G – Grounds for the search

O – Object the constable is looking for

W – Producing their Warrant card (only mandatory if the constable is not in uniform)

I – Identity (name and collar number)

S – Police Station out of which the constable works

E – A person’s Entitlement to a copy of the search record that the constable must make

L – The Legal power the constable is exercising during the search

Y – Telling the person “You are detained for the purpose of a search

If you are arrested because of being stopped and searched, it is important you are properly represented. Inquire with one of our trained, accredited Police Station Representatives. For expert legal advice contact our Criminal Defence Team call 01245 493 959  or send an email.