Police Stops - Know your rights

What is ‘stop and search’?

You can be stopped and searched when an officer has reasonable grounds to suspect that you are carrying:

• Drugs, weapons or stolen property or
• Items which could be used to commit a crime

Sometimes officers can stop and search you within a specific area without any reasonable grounds if it is believed that:

• Serious violence could take place, or offensive weapons are being carried or have been used in connection with violence

The officer must explain this to you and must be searching for weapons or items which could be used in connection with violence. A screening (knife) arch is not stop and search. You can’t be forced to go through, but refusal may result in further officer action or even a full search.

Please note that an officer can confiscate cigarettes or alcohol in view if you are underage. This is not stop and search.

What is ‘stop and account’?

Stop & account is when an officer stops you and asks you:

• What are you doing
•  Why are you in an area of where you are going
• What are you carrying

Who can ‘stop and search’ and ‘stop and account?

• A police officer or a PCSO who must be in uniform if the search is related to serious violent crime- if they are not in uniform, they must show you their identity card.

How should a stop and search be carried out?

Before you are searched, the officer must take all reasonable steps to ensure that you understand:

• That you must wait to be searched
• What law they are using and your rights
• Their name and ID number
• The station they work at;
• Why they stopped you;
• What they are looking for

The officer can ask you to take off more than your coat, jacket or gloves, and anything you wear for religious reasons such as a face scarf, veil or turban but only if they take you somewhere out of public view. You can ask that the officer who searches you is the same sex as you. It does not mean you are being arrested.

What is recorded and your right to a receipt

If you are searched you have the right to a receipt and the officer must record the following details:

• Your name or description of you
• How you describe your ethnic background
• When and where you were stopped or searched
• Why you were stopped or searched
• If they are taking any action against you
• The names and/or numbers of the officers
• If you were searched, what they were looking for and anything they found

The officer will ask you for your name, address and date of birth. You do not have to give these unless you are being arrested or reported for an offence.

You will be given a receipt and it is important to keep this as you will need it if you wish to make a complaint or see the full record of the stop and search at a later date.

What if you are in a vehicle?

Your vehicle can be stopped at any time and you may be asked to show your driving documents.

If searched or asked to account for yourself, you must receive a written record.

You have the right to complain if you have not been treated fairly and with respect. If you are unhappy with how you were treated you can complain. You can get advice about how to make a complaint from: a police station; your local police authority; a Citizen’s Advice Bureau; The Independent Police Complaints Commission; the Equality and Human Rights Commission or a solicitor.

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