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Home » « Advice and Information » Stop and search. Suspicion-based stop and search. What are my rights? Can they strip search me? Suspicionless stop and search. Treating people fairly. Standing up for your rights. Convincing a prosecutor or judge the search was invalid may be the difference between prison and dismissal, or a charge reduction you can live with.
What you should do is sit down with a skilled criminal defense lawyer to strategize a defense to beat or reduce the charge. If you have any questions about a police search or anything else related to your case, contact us by email or live chat to get the ball rolling.
Rob is a Spartanburg personal injury lawyer. View the services currently available. A stop and search is when a police officer stops you or your vehicle and searches you, your vehicle, your clothes or anything you are carrying. Officers must have a good reason for stopping you and they should tell you what this is.
All stop and searches must be carried out with courtesy and consideration. The police should treat you with respect and make every reasonable effort to minimise any embarrassment you may experience during the search. However, stop and search is not voluntary and police officers do not need your permission to search you or your belongings. If you refuse to cooperate, you can be searched by force.
We are aware that a search may take a little time but the process should be handled quickly and professionally. Your cooperation will assist with this. Police officers have powers to search your vehicle, even if it is unattended.
If this happens, the police must leave a notice saying what they have done. If the search causes damage you may apply for compensation and each application will be considered on its merit. If more items need to be removed, this must be done out of public view, for example, a police station.
This does not mean you are being arrested. If you are being searched under section 60 stop and search powers this officer will explain this to you at the time , you could be required to remove additional items in public. Where there are religious sensitivities about the removal of such an item or headgear for example a face scarf, veil or turban, the police officer should permit their removal out of public view.
Where practicable, the officer should be of the same sex. In any event, if you are required to remove more than an outer coat, jacket, gloves, headgear, footwear or any other item concealing your identity, then the searching Officer must be of the same sex. Before the search takes place, the police officer will tell you that you have been detained for the purpose of a search. Although this does not mean you have been arrested, you must remain with the police officer until the search has been completed.
The length of time you are detained must be reasonable and kept to a minimum. The police officer can handcuff someone who is compliant during a stop and search but they must justify their reasons, e. The Officer is required to make a record of the search but this does not amount to you having a police record. PCSOs have limited powers to search individuals and can only conduct searches under the following two situations.
Under the Terrorism Act , PCSOs can conduct searches of vehicles under powers authorised by an Assistant Chief Constable who considers it necessary to prevent acts of terrorism, providing that the PCSO is under the supervision of a police officer. You will be asked if you want a copy and if you do, you will be provided with one. You can apply for a copy within three months of the search taking place. If you are arrested and taken to a police station, the details of the search will be recorded as part of your custody record instead.
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