The Conditions under Which Stop and Search is illegal

Amid rising knife crime, the number of stop and searches conducted by the police offers in England has increased by 32% within a year.

In this blog post, we’ll educate you about your rights during stop and search.

When Can the Police Stop and Search You

While a police community support officer (PCSO) in uniform can stop you, only a police officer can search you. If they aren’t in uniform, they must show you their warrant card.

The police officer can stop and search you if:

• They have reasonable grounds to suspect that you’ve committed a crime or are about to commit one. However, a prerequisite for ‘reasonable grounds’ isn’t necessary if a senior police officer has approved the search.
• You’re a danger to yourself and others
• You’re suspected of carrying unauthorized weapons
• You’re in an area where the police are searching people because there’s a possibility of serious violence. For instance, a protest.

The officer may ask questions like your name, where you’re headed and your purpose of being there. You have the right to refuse to answer the questions if you haven’t done anything suspicious, and your refusal can’t be an excuse to arrest you unless the officer has a strong probable cause.

Your Rights When You’re Searched

You should be treated with respect, dignity, and fairness.

Your rights during a stop and search, include:

• Request the officer to identify themselves
• An explanation of the illegal items they’re searching for and the law under which it is illegal
• To be searched in a private area that’s out of the public eye, such as a nearby police station
• An explanation of their grounds of suspicion
• To be searched by the same sex officer
• To stay silent; you don’t have to provide your name and address, but you can provide an honest explanation of the behaviour you’re being searched for
• An officer usually doesn’t have the power to ask you to take off your clothing in public other than jacket, overcoat, footwear or headgear. Removing additional clothing will require a strip search

The searching officer can feel around in the inside of your socks, collars or shoes, and place their hands in your pockets. If you ask for privacy and the officers fail to provide that, you can ask them to put that in the search record.

The officer should also ensure that you comprehend the information you’re given. If you find it difficult to communicate in English, the officer must find an interpreter for you.

If you weren’t found in possession of anything illegal during the search, there’s no reason for the police to detain you.

Get in touch with our criminal law solicitors in Wembley if you feel like your rights are under attack. We can represent you at the time you most need it and offer professional advice to resolve your legal issues.

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