Detention: Searches + Samples

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  • Detention: Searches + Samples
    • Searches
      • non-intimate (strip searches)
        • Code C
          • reasonable suspicion needed
          • if necessary to remove an article they should not have
          • private places
          • no member of opposite sex present
          • not all clothes at once (top half then bottom)
            • men should be allowed to put their shirt back on before removing trousers
            • women should be given a rob or similar item to wear once top garment has been removed
          • no consent required
            • reasonable force may be used
      • Intimate searches
        • authorized by high ranking police officer
          • for an item that could cause physical injury or in possession of class A drugs
            • if drug related must only be carried out by a suitably qualified person
              • doctor
              • nurse
            • other items should be done by a qualified person
              • however, can be done by other person if authorised by high ranking police officer
        • "physical examination of a person's orifices other than the mouth"
      • Code C
      • PACE 1984
        • ss. 54  + 55
    • no automatic right to search detained person
      • custody officer records every belonging the person has with them
        • if custody officer feels a search is necessary, then a non-intimate search may be carried out
      • accept cursory upon arrival (pat down search)
    • Samples
      • ss. 62 + 63
      • Non-intimate
        • no consent needed
        • finger prints, hair on head
        • reasonable force may be used
      • intimate
        • consent required
          • if they say no they're presumed guilty
        • blood, semen, urine, pubic hair etc
        • doctor needed
    • Finger prints
      • can be taken prior to arrest away from police station
      • possible to check against National Automated Fingerprint IdentificationSystem
        • reasonable suspicion for the person committing or attempting to commit or has already committed an offence
        • name of person unknown
        • suspicion of fake name


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