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STOP AND SEARCH - Coggle Diagram
STOP AND SEARCH
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INTRO
Power is used to prevent crime, protect the public, and maintain order,
Police power which allows officers to stop individuals and search them for illegal items, such as drugs, weapons, or stolen property.
Officers must have 'reasonable grounds' to suspect possession of unlawful items, ensuring the practice is justified.
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PACE 1984 SECTIONS 1-7
Section 1: Stop and Search
Grants police power to stop + search individuals + vehicles for stolen goods, weapons, drugs, or other prohibited items, provided there are reasonable grounds for suspicion.
Police are allowed to stop and search persons or vehicles in a public place if they have reasonable suspicion they'll find:
- Offensive weapons
- Stolen property
- Other prohibited articles
- Articles made or adapted for use in criminal damage
What is reasonable suspicion under section 1? Should be based on objective factors not subjective factors (shouldn't be personal) - No stereotyping - No generalisations that certain groups/people are more likely to be involved in criminal activity
Section 2: Documentation and Conduct Requires officers to provide their name, station, and the reason for the search. A written record of the search must be made available to the person searched.
Before the search the officer must:
- Identify themselves
- Station where they are based
- Give the grounds for the search
- If not in uniform provide identification
- Suspect can't remove outer clothing in public, except outer coat/jacket or gloves
- Code A = search carried out with min. fuss and embarrassment to the suspect.
- Any items found can be seized
Written record of search should be made at time of search or as soon as is practical.
Since 2003, voluntary searches are no longer allowed.
Section 3: Road checks
Allows police to conduct road checks to find individuals involved in serious offences, escaped prisoners, or those unlawfully at large.
KEY DEFINITIONS
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Prohibited articles
Anything that could be used to commit an offence including any object that has been modified for use in the commission of an offence
GO WISELY
Grounds
Object
Warrant
Identity
Station
Entitlement to written record
Legal Power
You are detained!
PROBLEMS
Inquiries have shown that the use of power is disproportionate in relation to certain racial groups.
2012 - European Human Rights Commission found that a black person in the UK is 7 times more likely to be stopped than a white person - demonstrates effectiveness of safeguards is questionable.
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Are the searches which result in arrest successful? Because of the nature of the stop + search power, it can't be expected that all those who are stopped are arrested.
Some arrests will occur but not as the initial decision to stop + search was correct, instead it will be because the victim is obstructive or violent.