Stop and Search
The police have the power to stop and search you on the street when they have a good reason to believe that you have:
• items of you that are stolen
• items on you that could be used to steal, commit a burglary, take a car, ‘commit deception’ or commit criminal damage
• a weapon on you
• drugs on you
• an illegal firework on you, and
• if they believe you are a terrorist.
There are exceptions to this. A police officer in uniform can carry out the following two searches, and it must have been authorised by a senior police officer:
• because they have a good reason to think there will be serious violence nearby, or
• To stop someone committing a terrorist act.
NOTE:
If you are stopped and searched on the street, you may only be held for a few minutes. If you are held for longer you can sue the police for “false imprisonment”. The police officer should always tell you what legal powers they are using.
QUESTIONS & ANSWERS:
1. Do I have to answer a police officer’s questions if I’m stopped in the street?
No, unless you are happy to do so, but they can’t force you to. However, you may be arrested if they suspect you of committing a crime, but they can’t arrest you for not answering questions.
2. When can the police come into my house?
IF the police want to come into your house to ARREST someone, they can do this without your permission only IF:
• They have an arrest warrant issued from court.
• The person they are looking for has escaped from prison or from somewhere else they were being held.
• They want to arrest the person for certain crimes, such as theft or criminal damage (if damage is more than £5,000).
IF the police want to come into your house to carry out a SEARCH they can do this only IF:
• They have a search warrant issued from the court.
• You have been arrested for a certain type of offence, and they have a good reason to think there is evidence relating to the offence in your house.
HOWEVER, the police officer would need to have a police inspector’s permission for this kind of search.
