UK - Random stop and search, your rights?

[Tony Williams]

SWIM knows of a guy who was stopped and searched, in public at daytime by a known supermarket in UK. It was because of the way he walked, SWIM thinks it was because he walks shifty and quick, like a brisk walk around, he shops there often, SWIM has seen him there alot. My question is ... can the police just do this because the way you walk? ... BTW nothing was found and he was let go.

Are they searching for drugs (uppers, speed, coke) or stolen goods from the store? ... they were in the security office and said something like 'we don't like the way he walks', security knows he is there often and the police searched him.

SWIM walks quick alot, it's like 2mi round trip or so ... so it's good exercise but SWIM would be really ****ed if they searched SWIM like this.

Do the police have to say something like 'you match the description of someone who stole, we are looking for' and give you a reason? or can they say withhold the reason and say it's random or something?

Can SWIM say NO, not giving them consent? ... what would happen then?

If SWIMs pupils were a litter larger than they should be, giving the police a better reason to search, can they arrest you even if you don't have anything? SWIM heard if you have ingested a drug it's not illegal only if it's on you?

I looked around online for info like this but it's not as UK specific as I would like.

[Mona Lisa]

Originally Posted by Tony Williams

SWIM knows of a guy who was stopped and searched, in public at daytime by a known supermarket in UK. It was because of the way he walked, SWIM thinks it was because he walks shifty and quick, like a brisk walk around, he shops there often, SWIM has seen him there alot. My question is ... can the police just do this because the way you walk? ... BTW nothing was found and he was let go.

Are they searching for drugs (uppers, speed, coke) or stolen goods from the store? ... they were in the security office and said something like 'we don't like the way he walks', security knows he is there often and the police searched him.

SWIM walks quick alot, it's like 2mi round trip or so ... so it's good exercise but SWIM would be really ****ed if they searched SWIM like this.

Do the police have to say something like 'you match the description of someone who stole, we are looking for' and give you a reason? or can they say withhold the reason and say it's random or something?

Can SWIM say NO, not giving them consent? ... what would happen then?

If SWIMs pupils were a litter larger than they should be, giving the police a better reason to search, can they arrest you even if you don't have anything? SWIM heard if you have ingested a drug it's not illegal only if it's on you?

I looked around online for info like this but it's not as UK specific as I would like.

'Fraid they can do more or less as they like, as quoted from http://www.met.police.uk/stopandsearch/what_is.htm :

[top]Stop and Search

[top]Frequently Asked Questions

• Why do the police in London use stop and search?
• Why me?
• What is a stop?
• What is a stop and search?
• Who can stop me?
• Where can I be searched?
• What if I am in a vehicle?
• What should I do if I am stopped /and searched?
• How should I react?
• What can I expect from the officer stopping or searching me?
• During a stop and search what information do the police have to give me?
• During a stop and search what information will the police ask for?
• Is this a police record?
• What paperwork do I get after a stop? And a stop and search?
• What information does the record contain?

Why do the police in London use stop and search?
The use of stop and search powers allow the police to tackle crime and anti social behaviour, and to prevent more serious crimes occurring.

Generally stop and search happens in public places – in the area around football matches, for example, or in neighbourhoods that have been experiencing problems with crime or vandalism.
The police have the legal right to stop members of the public and search them for a variety of reasons and using a number of powers. These are:

• Section 60 Criminal Justice and Public Order Act 1994, gives police the right to search people in a defined area at a specific time when they believe, with good reason, that: there is the possibility of serious violence; or that a person is carrying a dangerous object or offensive weapon; or that an incident involving serious violence has taken place and a dangerous instrument or offensive weapon used in the incident is being carried in the locality. This law has to be authorised by a senior officer and is used mainly to tackle football hooliganism and gang fights.
• Section 44 Terrorism Act 2000 gives police the power to search vehicles and people for items that could be used to commit a terrorist act. Police can search anybody anywhere under this law, and they do not need reasonable suspicion to do so. It is under this law that police conduct random searches in train and tube stations.

These searches are an important tool in the ongoing fight against terrorism. Used as part of a structured anti-terrorist strategy, the powers help to deter terrorist activity by creating a hostile environment for would-be terrorists – ensuring it is not easy for them to carry or use explosives and weapons.
Anti-terrorism Stop and Search often happens in train/tube stations, crowded public places or near important landmarks such as Parliament in central London.
Across London you may encounter three different police forces, the Metropolitan Police Service, City of London Police and the British Transport Police. Officers from these three forces, at various times, work together on specific crime and terrorist operations.
Why me?

• Being stopped does not mean you are under arrest or have done something wrong. In some cases, people are stopped as part of a wide-ranging effort to catch criminals and deter would-be terrorists in a targeted public place.

A police officer, or a community support officer must have a good reason for stopping or searching you and they are required to tell you what that reason is.
There are, however, occasions when the police can search anyone in a certain area, for example when there is evidence that serious violence has taken place or may take place, (Powers under S60 Criminal Justice and Public Order Act 1994) or a terrorist threat has been identified, (powers under the Terrorism Act 2000). The officer should explain this to you and must be searching for items to be used in connection with terrorism or violence.
You should not be stopped just because of your age, race, ethnic background, nationality, faith, the language you speak or because you have committed a crime in the past.
The police can stop or stop and search you:

• As part of anti-terrorism efforts
• If they think you're carrying a weapon, drugs or stolen property
• If there has been serious violence or disorder in the vicinity
• If they are looking for a suspect who fits your description

What is a stop?
There are three different types of stops that you may encounter:

1. 1. STOP - when a police officer or police community support officer stops you in a public place and asks you to account for yourself and may ask you the following questions:
   • What you are doing
   • Where have you been
   • Where you are going
   • What you are carrying
2. 2. STOP AND SEARCH - when a police officer stops and then searches you, your clothes and anything you are carrying.
3. 3. VEHICLE - a police officer can stop any vehicle and ask the driver for driving documents. This is not the purpose of stop and search, but you may be given documentation relevant to road traffic matters. It becomes a stop if:

• you or any passengers with you are asked to account for themselves; or
• a search is carried out of the vehicle, you or any passengers with you.

You will not necessarily be searched every time you are stopped. Sometimes you may just be stopped and questioned.
The police officer or police community support officer must explain why you are being stopped and held to account for your actions or presence in an area.
There are plenty of occasions when you might talk to police, and most of these do not qualify as either a ‘stop’ or ‘stop and search’.
You have not been officially ‘stopped’ if, for example:

• You stop an officer to ask for directions or information
• You have witnessed a crime and are questioned about it to establish the background to the incident
• You have been in an area where a crime recently occurred and are questioned about what you might have seen

In cases such as those, you have not been stopped for the purposes described on this website, a record of the encounter will not be made and you will not be given a receipt.
However, if you feel you have been stopped you can insist on the officer or police community support officer recording the encounter and giving you a receipt.
What is a stop and search?
Only a police officer can stop and go onto search you, your clothes and anything you are carrying, except when powers under the Terrorism Act 2000 are being used then police community support officers may search vehicles and bags carried by persons under the supervision of a police officer.
You may be stopped as the officer may have grounds to suspect that you are carrying:

• Drugs, weapons or stolen property
• Items that could be used:
  • to commit crime.
  • to commit an act of terrorism
  • to cause criminal damage.

The grounds the police officer must have should be based on facts, information or intelligence or could be because of the way you are behaving. There are times however when police officers can search anyone within a certain area, for example

• Where a terrorist threat has been identified. (Section 44 Terrorism Act 2000)
• Where there is evidence that serious violence has or may take place. (Section 60 Criminal Justice and Public Order Act 1994)

The police officer should explain this to you and must be searching for items that could be used in connection with violence or terrorism.
Who can stop me?

• A police officer, or
• A police community support officer.

A police community support officer must be in uniform. A police officer does not have to be in uniform but if they are not wearing uniform they must show you their warrant card.
Where can I be searched?

• In a public place
• Anywhere, if the police believe you have committed a crime

If you are in a public place, you only have to take off your coat or jacket and your gloves, unless you have been stopped in relation to terrorism or where the officer believes you are using clothes to hide your identity
If the officer asks you to take off more than this or anything you wear for religious reasons, such as a face scarf, veil or turban, they must take you somewhere out of public view. This does not mean you are being arrested. In this case, the police officer that searches you must be the same sex as you.
What if I am in a vehicle?
Your vehicle can be stopped at any time and you may be asked to show your driving documents, such as your drivers licence.
A police officer can legally stop any vehicle at any time and ask to see the driver's licence. They can also ask where you're going and why. If the process ends there, this is considered a ‘vehicle stop’.
If, however, a police officer then tells you to step out of the vehicle and it is then searched, this is a ‘vehicle stop and search’
What should I do if I am stopped or/and searched?
Everyone has a civic duty to help police officers prevent crime and catch offenders. The fact that the police may have stopped someone does not mean they are guilty of an offence.
Apart from the inconvenience, people may feel irritated that they’ve been stopped when they haven’t done anything wrong – that’s completely understandable. However, the stop or stop and search will be much quicker if a person co-operates with police officers.
It's up to you whether you provide your name and address. You don't have to, but the best advice is that you should co-operate with the police.
Don’t forget that the stop or stop and search must be carried out according to strict rules – the police have responsibility to ensure that people’s rights are protected. Everyone should expect to be treated fairly and responsibility. In almost all cases, an individual should be given a record of the stop or stop and search at the time it happens. The police use these powers to help make the local community safer by disrupting crime – public co-operation is an essential part of that.
How should I react?
Be patient
The police are aware that being searched is an inconvenience, and that you’re probably in a hurry to get where you're going. They should make the search as brief as possible. But in the interest of public safety they must also be thorough.
Be calm

• Remember, you are not under arrest.
• Don't refuse to be stopped or/and searched.
• The process is not voluntary - the law gives police the authority to stop and search.
• Officers do not need your permission to go through your belongings - if you refuse, you can be searched by force.
• Try to stay calm and don’t be afraid to speak to the officer if you think your rights are being infringed.

What can I expect from the officer stopping or searching me?
The officer must be polite and respectful at all times. The Metropolitan Police are committed to continuously improving standards around the delivery of service to London’s communities.
All stops and stops and searches must be carried out with courtesy, consideration and respect.
We are aware that the process may take a little time but the process should be handled quickly and professionally.
The police officer will ask a few questions and then if necessary search you.
The search is not voluntary. If you do not cooperate the officer can use reasonable force to conduct the search.
Police officers, and police community support officers must use stop and search powers fairly, responsibly and without discrimination.
During a stop and search what information do the police have to give me?
The police who stop and search you must provide you with certain information including:

• • Their name and the station where they work (unless the search is in relation to suspected terrorist activity or giving his or her name may place the officer in danger. They must then give a warrant card or identification number)
  • The law under which you have been stopped
  • Your rights
  • Why you have been stopped and searched
  • Why they chose you
  • What they are looking for

During a stop and search what information will the police ask for?
The police have a legal requirement to include certain information from individuals who have been stopped and searched. This includes:

• • Date and time of the stop and search
  • Location of the stop and search
  • Why they stopped you, the grounds
  • What they were looking for
  • Names of the officers conducting the search and others present

The police officer will ask for your name and address and date of birth. You do not have to give this information if you don’t want to, unless the police officer says they are reporting you for an offence.
Everyone who is stopped or stopped and searched will be asked to define his or her ethnic background. You can choose from a list of national census categories that the officer will show you.
You do not have to say what it is if you don’t want to, but the officer is required to record this on the form. The ethnicity question help community representatives make sure the police are using their powers fairly and properly.
Is this a police record?
The fact that you are stopped and held to account and/or searched does not mean that you are under arrest or have done anything wrong. The officer is required to complete a form. The completing and issuing of the search form (or a receipt for a stop) does not amount to you having a police record.
What paperwork do I get after a stop and a stop and search?
You should receive a written record of the search or a receipt of the stop at the time of the event. If you want to complain either about being stopped or searched or the way it was carried out, this record / receipt will help identify the circumstances.
Supervisors at the police station also keep a copy of the search record. They use it to monitor the use of stop and stop and search powers and check for any inappropriate use. The police service must also make arrangements for community representatives to look at their stop and search records.
Police may use the search record at a later date to contact you about anything that may have happened in that area around the time you were stopped.
You will normally be given a search record at the time of the event. However, because of operational demands (public order situations, large public events, or if an officer is called to an emergency) you may be told where to collect the record later. A record must be made available for up to 12 months.
What information does the record contain?
The search record must contain the following information:

• • the officer details
  • the date, time and place of the stop and search
  • the reason for the stop and search
  • the outcome of the stop and search
  • your self-defined ethnicity
  • the vehicle registration number (if relevant)
  • what the officers were looking for and anything they found
  • your name or a description if you refuse to give your name – you do not have to provide the officer with your name and address.

Reputation Comments on this post:

	very good resources and information you posted
	Useful information about rights
	excellent info
	Awesome post and formatting with very useful info. Thank you!

[Decstar]

Unfortunately this is true, under section 22 of the Terrorism Act 2000, they can pretty much do anything they like with you, and not only that, if you try to obstruct them in any way then that would be a criminal offence with a penalty of up to six months in prison, even if they don't find anything illegal in your posession! SWIM thinks that the British people are at least partly to blame for this law to have passed because of their cowardise and inaction. A Benjamin Franklin quote comes to mind;

Those who would give up Essential Liberty to purchase a little Temporary Safety, deserve neither Liberty nor Safety.

Anybody who disagrees, SWIM has a nice padded cell for you, and he'll keep you real safe!
If I know SWIM, he is very politically motivated person, and he wouldn't let the "swine" have their way with him. He would rather do the time than submit to them or anyone. SWIM says that this is the only way that our country can be free again. If everybody did this then they couldn't possibly put everyone in prison. As SWIM says "Freedoms aren't given, freedoms are taken". Shame there isn't more patriots like SWIM. But if you don't have balls like SWIM has, then you better get down and start licking and put some real shine in their boots!

[Tony Williams]

If it's the Terrorism Act, wouldn't it have to be terrorism related?

[Decstar]

Originally Posted by Tony Williams

If it's the Terrorism Act, wouldn't it have to be terrorism related?

Yes, but because of the somewhat arbitrary nature of this Act, the police can search anyone for the purpose of preventing terrorism and they don't even have to have a reason or probable cause. They can use these powers against anybody and in any situation; all they have to do is say they believe you are a terrorist. Plus, the definition of terrorism that they give is so broad that it encompasses all crime that involves danger or threat to persons, public, or property. When you give police powers like this they are going to go right up to the line and get chalk on their feet; that's just how the world works.

There is a lot of evidence that has come to light that the police are abusing these powers on a massive scale. Check out this article for instance http://www.prisonplanet.com/police-s...-arrested.html

Reputation Comments on this post:

This post, and others provide a valuable insight into the UK stop and search laws.

[Sippin40oz]

Random stop and search, your rights?

Lol rights? do we british people actually have any?! The police can search anyone they want!

[Decstar]

Originally Posted by Sippin40oz

Lol rights? do we british people actually have any?! The police can search anyone they want!

The government is owned and controlled, not by the people, but by the major banks and corporations who, frankly, don't want you to have any rights. They would just like you to have 'priviledges' which they can take away from you as and when it suits them. Do you know that the UN Declaration of Human Rights says that you don't have any rights. Article 29 clearly states...

(3) These rights and freedoms may in no case be exercised contrary to the purposes and principles of the United Nations.

In other words if you don't agree with the UN then you don't have any rights. In fact, these are not rights at all, but 'priviledges'. (Actually, Articles 28, 29 & 30 are all aimed at the destruction of your rights, but it is too much detail for me to go into).

In much the same way, you are not allowed to protest the government in the UK anymore unless you get permission from the government whom you are protesting.

The government and their puppeteers just want you to 'believe' you have rights. We have become a country that talks about being free, but when you look at the legislation, we actually have very few (if any) rights left. All they want is obedient workers who are just smart enough to pull the levers and push the buttons to operate the machines, but not smart enough to be able to read the legislation and figure out how we are being enslaved.

[Sven99]

The Police can not stop and search anybody that they like. They certainly can't indiscriminately use the terrorism legislation to search randoms. That FAQ misses a rather abvious frequently asked question 'Can I refuse a search?'

The reason it misses off this question is because in some situations you can refuse to be searched, but should this occur they want you to think you have no right to refuse, and so wont make you aware of it.

The Police may search you without your consent if they have probable cause, if a senior officer has allowed stop-and-searches in a certain location, or under the terrorism legislation (which by definition they can't use if you are suspected of carrying drugs or stolen goods - and they don't).

For example, at the Camp for Climate Action last year, they did not use the anti-terrorism legislation to stop and search. They did it the old fashioned way and get the permission of a senior officer. Why? They were concerned about rioting and drugs, not terrorism.

If your friend's walk gave the impression he was concealing something, this would probably be reasonable grounds to suspect he was carrying stolen property, and would therefore allow Police to search him. If he was walking normally, they wouldn't have grounds, and by the letter of the law wouldn't be able to search without his consent.

[Decstar]

Originally Posted by Sven99

The Police can not stop and search anybody that they like. They certainly can't indiscriminately use the terrorism legislation to search randoms. That FAQ misses a rather abvious frequently asked question 'Can I refuse a search?'

The reason it misses off this question is because in some situations you can refuse to be searched, but should this occur they want you to think you have no right to refuse, and so wont make you aware of it.

The Police may search you without your consent if they have probable cause, if a senior officer has allowed stop-and-searches in a certain location, or under the terrorism legislation (which by definition they can't use if you are suspected of carrying drugs or stolen goods - and they don't).

For example, at the Camp for Climate Action last year, they did not use the anti-terrorism legislation to stop and search. They did it the old fashioned way and get the permission of a senior officer. Why? They were concerned about rioting and drugs, not terrorism.

If your friend's walk gave the impression he was concealing something, this would probably be reasonable grounds to suspect he was carrying stolen property, and would therefore allow Police to search him. If he was walking normally, they wouldn't have grounds, and by the letter of the law wouldn't be able to search without his consent.

They actually can stop and search under terrorism legislation because terrorism is defined as any threat or action which endangers persons or property. All they would have to say is they thought you had a gun or a knife. Besides, if you were accused of being a 'terrorist' would you not expect to have the same rights as everyone else? They have used these special stop and search policies on thousands of people including people I know, who were only minding their own business, yet in the vast majority of cases no charges are brought forth, most of the rest are charged with non-terror related offences, and you could count on two hands the number of actual terrorists have been charged.

[Decstar]

I would just like to add - I am sure that there are many police officers who would not abuse their powers, possibly even the majority of them. But don't assume that they are all 'your friend'. A lot of them are adrenalin junkies and they just love hunting people down and putting them in jail, and they will use any means they can such as profiling, stopping and searching and twisting your words around to get a prosecution. They don't care about you, your family or society in general, all they care about is getting their 'adrenalin hit'.

[Benniboi]

us Brits have been backed up against a corner again with the arbitrary shite- why we seem to swallow it is a mystery to us all

[Decstar]

Originally Posted by Benniboi

us Brits have been backed up against a corner again with the arbitrary shite- why we seem to swallow it is a mystery to us all

We're a nation of drunks. What do you expect?

[Benniboi]

eeeeehhh decstar, we're not a nation of drucking funks.......take that back or i'll av' you......hic..........zzzzzzz!

[Decstar]

Originally Posted by Benniboi

eeeeehhh decstar, we're not a nation of drucking funks.......take that back or i'll av' you......hic..........zzzzzzz!

Alright, calm down! This one's on me

[grecian]

Originally Posted by Sven99

If he was walking normally, they wouldn't have grounds, and by the letter of the law wouldn't be able to search without his consent.

Quite right, but the issue for me is that the police can and do stop and search people on such spurious grounds.

So for example, if swim is out shopping tomorrow and a policemanofficer comes up to him and says "due to your abnormal walk i have reason to believe you are in the possesion of stolen goods", swim could reply that he is walking normally but this is unlikely to deter the policemanofficers desire to search him.

When the police say jump in these situations all we can do is run or ask how high. Resistance is met with your word against the policemanofficers and 99 times out of 100 his word will win. Sad but true.

[Decstar]

But surely walking abnormally isn't probable cause. It might be reasonable suspicion, but it is not probable cause. If someone had witnessed someone who answered his discription leaving a premises with stolen goods, then that would be probable cause. You can reasonably suspect that someone is a criminal if they are wearing a hoodie, but that is not probable cause and it doesn't give the police the right to search that person. If the police go around searching people just because of their appearances or mannerisms then that is unjust and discriminatory behaviour.

[Sippin40oz]

the truth is there are 'rules' for searching people but they are so vague theres no point in having them at all! If a policeman says he wants to search you because you were acting suspiciously how could you prove him wrong?! And if you refuse then you are definitly acting suspiciously and not cooperating with the police and that means its time for a ride in the back of a police car and some anal probing!!!

All you can do is consent to a search but there is something you can do to piss them off. I ALWAYS ask them for a pink search form as its your right to have proof of your search. Its not much use but in my opinion if they are going to waste your time it would be rude not to return the favour and make em fill out a form or 2!!!

Plus its always funny to show to other people! SWIMS got a great one he always shows his mates: 'Reason for search- 'Trouble walking unaided, unable to account for whereabouts, eyes extremely dilated and appears to be under the influence of more then just alcohol'!!!!! classic.....

[Decstar]

/\/\ LOL! If that's not probable cause, I don't know what is!