An officer must have reasonable grounds of suspicion to stop and search you under PACE part 1
Unless a section 60 is in place. This means unless something has happened (dangerous attack) in the location and there is a need to stop you to protect lives including yours.
Reasonable grounds of suspicion will be either information that you have just committed a crime or are enroute to commit this crime, and this information has been reported to the police giving your exact identity. Informants or you have been seen by that officer committing the crime.
Officers are not allowed to suspect you have done anything wrong simply by the colour of your skin, the clothes you wear or the people you hang out with.
Not even your past experience of being known to police is just cause, This in short is unlawful and discriminatory.
Below is the following steps you must take to protect yourself if stop and searched.
What you must understand:
- Before a search: Officer must tell you that you are being detained for a search & why, the officer must give you his information including his station and reasons why he has stopped you and why he wants to search you: the legal power he is exercising to search you and a clear explanation of the reason for the search and the grounds of suspicion and your right to a record of the search. Remember section 60 does not require reasonable grounds of suspicion to stop and search.
- If the officer is plain clothes he must show you his identification
- Reasonable force can be used if officers feel you are unwilling to cooperate or resist which they will use as an excuse to hurt you; punch you and kick you, DO NOT GIVE THEM THIS OPPORTUNITY.
- The officer’s obligation under PACE s2 are mandatory and failure to comply will make the stop and search unlawful and you are entitled to be compensated for this unlawful action.
- Always get a record of the stop and search or a receipt which provides info of how you obtain it later. PACE s3 - Code A para 4.1
- The record will include the officer’s identity, the object of the search & the grounds for it. The date and time and location of the search
- If you are arrested you must remain calm and give my details and Aunty will be there to protect and assist you.
If you have been arrested by the police and need legal advice or want a legal representative with you at the police station please call us today and talk to our 24 hour criminal defence department on: 020 7737 9339 or contact us via email: newenquiries@wainwrightcummins.co.uk
