Police Powers: Powers to Stop and Search

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  • Created by: Lloyd
  • Created on: 27-03-11 20:01

POWER

Section 1 of Police and Criminal Evidence Act 1984 (PACE) provides power that police could, on reasonable suspicion that any person or vehicle was carrying stolen goods or other prohibited items can stop and conduct a search.

   *Section 1 gives the right to search in a public place. E.g Street, car park, not your  own private land.

   *Section 1, police must have reasonable grounds for suspecting the person is in the possession of prohibited items. Section 1 (3) states prohibited items include offensive weapons, items used for burglary/theft. Criminal Justice Act (CJA) now states that criminal damage items are prohibited.

   *Section 117 PACE reasonable force may be used.

SAFEGAURDS

Section 2 PACE police officer must give their name, station and reasons for search. Osman v. DPP (1999) officers did not give their name and station, so the search was unlawful and not guilty

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