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

Summary

This video explains the police's powers to stop and search individuals, focusing on what you are entitled to know during a search. It highlights the importance of cooperation, emphasizing that resisting a search can lead to force or arrest. The video introduces 'GO WISELY,' an acronym outlining the key provisions of a stop and search, including grounds for the search, officer identity, and your right to a search record. Viewers are encouraged to comply and seek legal advice if necessary. Further parts will explore more details on the topic.

Takeaways

• 🚔 The police can stop and talk to you anytime, but detailed questioning should usually happen under caution in an interview setting.
• 🔍 Police must have reasonable grounds to search you, such as suspicion of possession of drugs, weapons, or other prohibited items.
• 📝 You are entitled to know the grounds for the search, what the police are looking for, and the legal basis of the search.
• 👮‍♂️ Officers must identify themselves, their warrant card (if in plain clothes), and their station.
• 📜 You are entitled to a copy of the search record, which should be provided as soon as practicable after the search.
• ⚖️ Resisting a search may lead to reasonable force being used by the police, and you could be arrested if you fail to comply.
• 👔 If the search requires the removal of clothing beyond outer layers, it must occur in a private space or a police station and by an officer of the same sex.
• 🔪 Even if there are breaches in your entitlements, evidence found (like a weapon) may still be admissible in court, depending on the situation.
• 📢 Making a complaint about a search won't automatically impact a prosecution, but it could lead to an investigation into the officer's conduct.
• ⚖️ Always seek formal legal advice in these situations, as only a lawyer can assess your specific case and offer appropriate guidance.

Q & A

What is the purpose of a police stop and search?

The purpose of a police stop and search is to investigate whether a person is carrying illegal items, such as weapons, drugs, or other prohibited articles, based on reasonable suspicion or specific circumstances.

What is the 'GO WISELY' acronym in relation to police searches?

'GO WISELY' is an acronym used to outline what a person is entitled to know when being searched by the police. It stands for Grounds, Object, Warrant Card, Identity, Station, Entitlement to a search record, Legal powers, and You are being detained.

What grounds must a police officer have to conduct a stop and search?

A police officer must have reasonable grounds to suspect that a person is involved in a crime, carrying a weapon, drugs, or another prohibited item. These grounds may be based on intelligence, something the officer has seen, or reported information.

Can a police officer search someone based on instinct alone?

No, a police officer cannot search someone based on instinct alone. They must have reasonable suspicion or specific grounds for the search, such as observing suspicious behavior or receiving reports.

What is a Section 60 search?

A Section 60 search allows police to search anyone in a specific area for a set period, usually in response to incidents like riots or serious crimes. It does not require individual reasonable suspicion.

What are a person’s rights during a stop and search?

During a stop and search, a person has the right to know the grounds for the search, what the officer is looking for, the officer's identity, the station they are attached to, the legal power used for the search, and the right to a search record.

Can a person refuse to cooperate with a search?

No, a person cannot refuse to cooperate with a search. Doing so could result in arrest or the use of reasonable force by the police. However, they are entitled to know the reason for the search.

What happens if a police officer fails to comply with the entitlements during a search?

If a police officer fails to comply with the entitlements, it doesn’t automatically make any evidence found inadmissible. A judge will consider the severity of the breach and other factors to decide whether the evidence should be allowed.

What should a person do if they believe their rights were violated during a stop and search?

If a person believes their rights were violated, they can file a complaint against the officer. However, filing a complaint is unlikely to affect any prosecution for illegal items found during the search.

Are police allowed to conduct strip searches during a stop and search?

Yes, but strip searches must be conducted in a private location, such as a police station or a police tent, and by an officer of the same sex. Removal of outer clothing, like jackets, can occur on the street, but more thorough searches require privacy.