Being stopped by the police can be an unsettling experience, particularly if you are unsure about what the law requires of you. In this blog we will explore the key powers the police hold and the rights you retain during a stop.
Police Powers to Stop and Question
The police can stop and question you at any time.
A police community support officer has to be in uniform when they stop and question you; however, a police officer does not. If the police officer is not in uniform, they must show you their badge as proof of identity.
You do not have to stop or answer any police questions. Refusal to answer questions cannot, on its own, be used as a lawful basis for a search or arrest.
Police Powers to Stop and Search
A police officer can stop and search you or your vehicle if they have reasonable grounds to suspect you’re carrying:
• Illegal drugs.
• A weapon.
• Stolen property.
• Something that could be used to commit a crime.
You cannot refuse to be searched if there are reasonable grounds to search you and police officers can stop you from leaving the scene if you try to.
If a police officer wishes to search you without reasonable grounds to suspect you’re carrying one of the items listed above, it has to be approved by a senior police officer. This can happen if it’s suspected that:
• Serious violence could take place.
• You’re carrying a weapon.
• You have used a weapon.
• You’re in a specific location.
Before conducting the search, the police officer must tell you:
• Their name and police station.
• What they think they’ll find when searching you, for example drugs.
• Why they want to search you.
• Why they are legally allowed to search you.
• If they’re recording you on a body-worn camera.
• That you are entitled to a record of the search (if this is not possible at the time, they must tell you how you can get a copy).
During a search, a police officer can ask you to take off your coat, jacket, footwear or gloves. An officer might ask you to take off other items of clothing and anything you’re wearing for religious reasons; however, if they do so, they must take you somewhere out of public view.
You will be asked for your name, address, date of birth and ethnicity. You don’t have to answer these questions unless the police officer says they are reporting you for an offence.
Whilst you must co-operate with a search, it is important to remember that being searched does not mean you are under arrest.
When Can the Police Search Your Home?
As a general rule, the police cannot enter and search your home without your consent or a warrant; however, there are certain situations where they are legally allowed to enter, such as:
• When they are chasing someone they believe has committed or attempted to commit a serious crime.
• To deal with a disturbance.
• If they hear calls for help or signs of distress.
• To carry out an arrest warrant.
If the police have used a search warrant to search your home or vehicle and they have found items included in the warrant, they have the power to seize them and take them into custody as possible evidence in any criminal proceedings.
Contact our expert Criminal Defence Lawyers
Isobel Cattrall is a very talented specialist paralegal working with Miles Herman (Director) and Keith Wood (Partner) in our Serious Crime and Fraud defence department. To speak with our expert team, please contact Lewis Nedas Law via our online enquiries form or call us on 020 4538 3747.