Chat & Social > The Bar - General Chat
arrested for a fishingknife
crazymac:
Just some more info regarding the powers of search that the police have and your rights.
Many people are unaware of their stop, search and arrest rights. The police do have legal powers to stop, search, and arrest but only under certain conditions. However, new legislation means that these conditions have been extended and the police can stop and search without the need to give a reason under special circumstances.
Stop and Search
The police do have powers when it comes to stopping and searching the public. However, the police must have reasonable grounds for suspicion to exercise these powers. The police cannot just stop a person on an instinct or a hunch; there must be grounds to actually stop the person. For instance, if the police observed a person was found to be behaving suspiciously then this could be deemed as reasonable suspicion to stop and search.
Searches and Reasonable Suspicion
If reasonable suspicion is found then the police can stop, question, and search a suspect’s person and vehicle. If the police do stop a member of the public with the intention of searching them the suspect should always ask why they are being searched. If the police cannot give a justifiable reason for the search then the search should not be carried out. If the search continues without justification then a complaint can be made against the police.
The Search Process
There is a set procedure that must be followed by the police when it comes to stopping and searching a member of the public. The police officer must use a warrant card to prove their identity if they are not in uniform. They must also give information on their power to stop and search, provide their name and police station, and why the search is taking place. The police cannot order the removal of clothes in public, although they can search pockets and feel the lining of clothes. Any search that involves the intimate areas of a suspect must be undertaken by a member of the same sex.
Areas of Search
There are a number of different public and private areas where the police can stop and search. These areas are set out in the Police and Criminal Evidence Act 1984 (PACE). The police can stop and search anywhere that the public has access to or has been given permission of access. The police cannot search a suspect’s home or vehicle if it is on land that is part of the suspect’s home.
Searching For Items
There are a number of different items that the police will usually search for. This can include offensive weapons and articles that are deemed to be in some way connected to criminal activity. They may also stop and search vehicles if they suspect that they have been taken without permission. A more common stop and search reason is if the police suspect that a member of the public is carrying controlled drugs.
New Stop and Search Laws
New legislation has been brought in that gives the police extended powers when it comes to the stop and search procedure. Under section 44 of the Terrorism Act 2000 a Chief Constable can designate certain areas as stop and search areas. This means that the police can use stop and search powers without the need for any reasonable suspicion. In the past section 44 has been used within peaceful public protests. At the moment the whole of London is a designated area for stop and search under section 44.
Arrest Rights
In 2006 the rights of who the police could and couldn’t arrest underwent a change. Before 2006 the police in England and Wales only had the power to arrest people they suspected of committing very serious offences that would result in at least a five year sentence. Now the police can arrest anyone they suspect of committing an indictable offence. This is an offence that can be taken before a crown court with a jury present.
Indictable offences will include theft, assault or criminal damage. However, the police must still have reasonable suspicion that a member of the public is committing or is about to commit an indictable offence before an arrest can take place.
The police have recently been granted greater powers when it comes to stop, search, and arrest. But this does not eliminate the public rights when it comes to this procedure. Any abuse of the public’s rights can be seen as unlawful and the police can face prosecution and disciplinary procedures if they have abused a suspect’s rights.
Oli-L:
Usually when i go out greenlaning i have my Leather-man on my belt, if i got pulled over for some reason or another could i get arrested for carring that around with me..?? :undecided:
Lord Shagg-Pyle:
--- Quote from: Oli-L on April 09, 2009, 17:30:36 ---Usually when i go out greenlaning i have my Leather-man on my belt, if i got pulled over for some reason or another could i get arrested for carring that around with me..?? :undecided:
--- End quote ---
In theory, yes. But it all depends on circumstances and on who stops you.
I've lifted very few people for knife offences, but those that have been have usually been with aggravating factors such as knife crime in the area, knives used to commit offences etc etc.
If someone comes up with a decent reason then all well and good. There has to be an element of trust. I've seen more people injured as a result of other weapons, such as baseball bats, bottles, broken beer glasses, lumps of wood, stone, even keys, than I have with knives.
Chris Putt:
I have been asked questions by an officer regarding a knife that I carry in my Bouyancy aid before for rafting and kayaking- Having explained what it was for was told to 'just make sure its out of sight'. That has a locking blade- not really sure how the differentiation is made between tool and weapon?
Chris
Oli-L:
--- Quote from: Lord Shagg-Pyle on April 09, 2009, 17:46:55 ---
--- Quote from: Oli-L on April 09, 2009, 17:30:36 ---Usually when i go out greenlaning i have my Leather-man on my belt, if i got pulled over for some reason or another could i get arrested for carring that around with me..?? :undecided:
--- End quote ---
In theory, yes. But it all depends on circumstances and on who stops you.
I've lifted very few people for knife offences, but those that have been have usually been with aggravating factors such as knife crime in the area, knives used to commit offences etc etc.
If someone comes up with a decent reason then all well and good. There has to be an element of trust. I've seen more people injured as a result of other weapons, such as baseball bats, bottles, broken beer glasses, lumps of wood, stone, even keys, than I have with knives.
--- End quote ---
Ah i see, Ok cool, Thanks for clearing that up for me... :smiley:
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