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stop and search procedures

PostPosted: Sun May 03, 2009 11:32 pm
by markie b
Stop and Search

Stop and search powers allow the police to combat street crime and anti-social behaviour, and prevent more serious crimes.
What happens if I’m stopped and searched?

If you are stopped you’ll first be asked where you’re going and what you’ve been doing. The police may then decide to search you but only if they have a good reason, for example, that you fit the profile of a criminal seen in the area, or they think you’re acting suspiciously.

Here are some facts about stop and search:

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the search will take place on the street
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if the officer asks you to remove more than your coat and gloves, or anything you wear for religious reasons, they must take you somewhere out of public view
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you’ll be asked to turn out your pockets and show the officers the contents of your bag
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they can also search your vehicle, even if you aren’t present, but they must leave a notice to say what they’ve done
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if you’re carrying something illegal, such as a weapon, or the police believe you’ve committed a crime, you may be arrested
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if they don’t find anything, your details will be recorded for monitoring purposes, and you’ll be allowed to go

What information will I need to provide?

You don’t have to give your name, address or date of birth to the police if you’re stopped and searched unless you’re being reported for an offence.

However, it’s advisable that when asked, you describe your ethnic origin. It’s important that you give this information to the officer, as this is how we monitor disproportionate stopping of ethnic minorities and encourage police accountability.

The officer will fill out a form outlining the reason for stopping you, the outcome of the stop and search and their name, and give you a copy. This information won’t be held on file against you unless you’re charged with an offence.
Can I complain about being stopped and searched?

You should not be stopped or searched just because of your age, race, gender, sexual orientation, disability, religion, the way you dress or because you’ve committed a crime in the past.

Re: stop and search procedures

PostPosted: Sat May 09, 2009 8:34 pm
by Highspirit
Sorry Markie but that information is only half right but I am sure you have good intent. It seems you have lifted this straight out of a text book and there is so much more to it. I could spend an hour answering this and putting it right mate but I wont. The old bill can stop and search you for many reasons and don't always need to search you in the street either. They may not even need reasonable suspicion and you may be walking through an area that has been given a period of time authorised by a senior officer to just stop and search anyone they want to without any reasobale suspicion atall. This sis such a diverse subject and cannot be answered easily as it is so wide.

Re: stop and search procedures

PostPosted: Sat May 09, 2009 8:42 pm
by Veronica
HS ... I presume you are talking "under Statute" ... not "under Common Law"?

Re: stop and search procedures

PostPosted: Sat May 09, 2009 8:51 pm
by Highspirit
Yes V, I am, as Markie has referred to Statute in his breakdown of Stop and Search.

Re: stop and search procedures

PostPosted: Sat May 16, 2009 6:44 am
by markie b
sorry guys it was what i lifted off one of the government websites thought it may help some people

Re: stop and search procedures

PostPosted: Tue Jul 21, 2009 8:11 am
by AzziDePazzi
It's not a complete loss Markie, let's look more closely at a couple of the sentences. It's a great example of how people get tricked through words:

"If you are stopped you’ll first be asked where you’re going and what you’ve been doing. The police may then decide to search you but only if they have a good reason, for example, that you fit the profile of a criminal seen in the area, or they think you’re acting suspiciously."

Hmmmmm, interesting. If you are stopped, you'll first be asked something, then the police may do something.

How about you ask them some questions first, the police may not have the right to stop you after all.

Why are you being stopped?
Are you being suspected of something to cause the stop?
Is there a sworn testimony from an injured party?
Can you see a crime report of have a crime number that you can call in about, prior to continuing?
Can you see a photo of the person you apparently look like?
Do you have a right not to accept hearsay?
Which law obliges you to answer? Is it a law, act or statue? Which section is it in? What does that part the section say? Can you clarify the section?
Does your possible destination have any relevance to the reason for the stop?
Are you obliged to answer any questions with regards to your dealings?
Do they have valid ID?
Are you allowed to write these questions down?
Can you have a pen?
Are they allowed to stop you under no suspicion?
Are you sure it's impractical to ask to see a crime report before being randomly suspected of the crime that they are stopping and searching you for?
Are they allowed to enforce a statute with no injured party?
Are they allowed to enforce a statute on a living man?
Is it compulsory that you have to continue to stand there, if you were not originally breaching the peace, offered no proof of the crime giving rise to the stop and if they are not detaining you?
Are they under an oath?
What is the oath?
Who does the oath protect?
Can you go now?
Are you being detained?

Are you getting the idea?... You don't know any of this stuff, and I would say that you have a right to understand something before you offer your information and enter into a contract with the officer. Be polite. Just be careful who you do business with.

Can anyone tell me... does the UK police have the same 2 oath system as the US/Canadian lot? Primary oath to uphold law of the land, secondary oath to enforce statute?

I'm not an expert, just saying what I might ask.

Re: stop and search procedures

PostPosted: Tue Jul 21, 2009 9:27 am
by Farmer
I heard a few days ago on radio that the Hampshire police will no longer be doing these stop and searches.

Re: stop and search procedures

PostPosted: Fri Jul 24, 2009 11:21 pm
by AzziDePazzi
Farmer wrote:I heard a few days ago on radio that the Hampshire police will no longer be doing these stop and searches.


For what reasons?

Re: stop and search procedures

PostPosted: Sat Jul 25, 2009 7:12 am
by markie b
yeah this seems to be going out widely as the minister who is revewing this particular statute says its being abused far to widely and causing a massive rift(tsunami) between the public and police altho this can still be used it will be used only under certain situations same as photographs the police can only see the photo/video if they belive it is going to be used for terrorist activity and are not allowed to wipe off any video/photo either,cant remember what they were tho theres a link on here somewhere but was in the guardian.ahhh yeah that girl who got arrested for filming her fella being searched for drugs.

does no one find it strange how alistar darling sends out a cry for a constitution when all these laws have been brought in over the last 12years and thoughrougly enforced :thinks: wolf in sheeps clothing and with the dumb ass cops doing what theyre told to do just to really make people want for a set in stone constitution nice bit of reverse psycology then when it happens everyone will be like yeah we made this happen these are our ideas dumb fucks lol we really are(not us but people in general) wish they could see this is game theory being played in its best form but thats going to be almost impossible big brother is on tv and dont forget corry and emmerdale :grr:

Re: stop and search procedures

PostPosted: Sat Jul 25, 2009 1:16 pm
by Farmer
AzziDePazzi wrote:
Farmer wrote:I heard a few days ago on radio that the Hampshire police will no longer be doing these stop and searches.


For what reasons?


They admitted it hasn't caught any terrorists.