Stop and search
Can the police stop and search you even if you haven't done anything wrong? Here’s a look at why the police stop people and what your rights are so if the police stop you you’ll know what to expect.
Stop and search is when a police officer stops you and searches you, your clothes and any bags or belongings you have with you. The police have the right to stop and search anyone for stolen goods or offensive weapons as long as they have reasonable suspicion. You should not be stopped or searched just because of your age, race, ethnic background, nationality or religion.
Police could be looking for:
Weapons
Drugs
Stolen items
Evidence of terrorism
Or evidence of other crimes
You may fit the description of a suspect they are looking for
It normally happens in public places which have been experiencing crime or vandalism.
The police will not always search, they may just stop you and question you. If this happens, the officer who stops you has to explain why he has stopped you.
What you can expect
If you are stopped, it doesn’t mean that you have done something wrong.
The police will ask you a few questions and then search you. They have the right to search you and if you resist, they are allowed to use reasonable force to carry out the search. They don’t need your permission to go through your belongings.
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.
If you are in public you will only be asked to remove your outer clothing (coat/jacket and gloves).
You may be asked to remove more than just your coat. If this happens you have the right to be taken somewhere private and out of view. The police officer must be the same gender as you. If the police need you to remove an item of clothing which you are wearing for religious reasons, you have the right to be taken somewhere private, out of view.
You may be asked what your ethnicity is – this is so that the police can make sure that they are not targeting one particular ethnic group.
You don’t have to tell the police your name and address, but if you do it could help if you later need to make a complaint. They will keep your details on file and you have a right to ask to see the information they hold on you. You can’t be arrested just for not giving your name and address. The best advice is to cooperate with the police.
If you argue with the police or don’t co-operate it will make the process a lot longer.
The situation should be handled quickly and professionally. The officer must be polite and respectful at all times. If this isn’t the case you have a right to make a complaint about the way you’ve been treated.
When you’re stopped and searched you have a right to know
Their name
Their station
Why they have stopped you
What they are looking for
Under which law they are stopping and searching you (link through to the laws)
You also have a right to be given a record of the search.
The form will explain why you were stopped and searched and will give contact information. If an officer is called to another incident they may not have time to give you this form. If this happens they should give you a receipt instead. You can take this to a police station and ask for a copy of the full form (within the following 12months). This is evidence that the stop and search took place and if you have any questions about it you will need this so that police can trace the event.
Vehicle stop and search
If a police officer stops you whilst you are driving and wants to search your car – they can search you, your bags and anything in your car including your boot. As with when they stop and search a person, they may be looking for weapons, drugs or evidence of other crimes. Your car can be searched if it’s unattended. If your car is parked in an area where there has been a violent attack or crime, your car can be searched even if you aren’t there. The police must leave a form explaining who searched your car, why it was searched and contact details incase you have any questions.
If your car is damaged whilst they are carrying out the search you have the right to ask for compensation, but only if they did not find anything when searching your car.