STOP & SEARCH PACE 1968

S1,2,3 PACE 1968 
Code of Practice A 

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  • STOP & SEARCH PACE 1968
    • Common Law
      • No right to stop unless intending to arrest
      • No obligation to answer questions put by police
    • S1. PACE
      • Constable may search:
        • any person
        • any vehicle
          • anything inside the vehicle
        • In a public place
        • place accessible by the public
        • NOT A DWELLING
      • Reasonable grounds to suspect:
        • Offensive weapon
        • Stolen goods
        • Prohibited Articles.
          • SEIZE
        • May be info from 3rd party
      • Search in Garden/Dwelling
        • don't live there
        • No permission to be there
      • Code of Practice A
        • Cannot use stereotypes
      • BLACK V DPP (1999)
    • S2. PACE
      • Must give certain info:
        • Name & Police Station
        • Object of search
        • Grounds
        • Entitled to written copy of search
      • If not in uniform
        • Show documentation that proves they're a constable
      • UNLAWFUL IF DONT COMPLY
      • OSMAN V DPP (1999)
      • Not under arrest
        • Only remove:
          • Gloves
          • Jacket
          • Outer coat
            • If opposite sex
        • Code of Practice A
          • Minimize embarressment
      • More thorough search
        • Out of public eye
    • S2 doesn't apply where:
      • Face mask is asked to be removed
        • Doesn't constitute as a search
      • AVERY V DPP (2001)
    • S3 PACE
      • Make a written record ASAP

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