Stop, Search and Arrest Rights

Author: Garry Crystal

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.

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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.

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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.

The Next Step

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27 questions

Ask Civil Rights Movement a Question

Elaine08 13/10/2019 at 8:28 pm

My son had his birthday money taken off him, apparently he is a drug dealer!! They took it off him and told him to prove where the money came from, then he could have it back, no receipt no log number!!

Concerned mum 29/05/2018 at 12:54 am

My son was stopped and searched on Saturday evening as there was reports he had an offensive weapon which turned out to be an allegation of a stick..in the 20 seconds it took for the car to drive past me and me to get to my son he was handcuffed while being searched wasn’t told why he was being searched after being searched and nothing being found they kept the cuffs on him while they searched the area after some shouting from me when they had tried to grab me my son started to struggle 3 officers then threw him to the ground quite hard with one officers knee in his back and another on his leg they then kept him on the ground for a further 15-20 mins then let him sit up on the floor while doing there investigations all the while I am telling them he is 15years old and autistic the whole thing lasted about 30-45 mins is this justified and right at all???

CivilRightsMovement Editor 06/02/2018 at 2:29 pm

It's probably best that you contact a legal professional at this state, especially as the case is now going to court. A solicitor will be able to look at the police's actions and tell you whether the correct procedures were followed too.

Pat 05/02/2018 at 8:40 pm

My daughter was arrested 6 days after her birthday now 15 for theft with other school girls which is silly she had money on her (70 pounds) over a theft of a T-shirt (6pounds) the shop did not pressed charges we were asked to pay the damage of the sensor on T-shirt. She was searched and taken to police station then the police called my wife to inform but no permission has been asked for interview, to be searched and fingerprints taken did not request presence of ourselves, then they found on her purse or school bag a bus pass that she found at school and forgot to stop and give it to the school reception, they be threatened her she was pressured to answer what they wanted to hear that she’s been using the bus pass but she uses her one usually but has disappeared at school now she’s been accused of fraud and the police said the case goes to court now , I am shocked I don’t know what to do , I very worried she’s not like that but they treated her as a criminal, they took photos and fingerprints and interviews without an adult presence or a solicitor, please help me

CivilRightsMovement Editor 23/01/2018 at 11:31 am

If there is already an "appropriate adult" with him perhaps that's why they have told you this. Here are the rules:
"The police must try to contact your parent, guardian or carer if you’re under 18 or a vulnerable adult. They must also find an ‘appropriate adult’ to come to the station to help you and be present during questioning and searching. An appropriate adult can be:

your parent, guardian or carer
a social worker
another family member or friend aged 18 or over
a volunteer aged 18 or over

Nen 20/01/2018 at 7:15 am

My 16 year old son was arrested on the street whilst he was stay at his dad I rang them to ask the reasons why they said an allegations of Robert was made against him and they said they I can't come to The station until tomorrow morning next day at 9 am.it's that lawful

Tony 22/12/2017 at 12:51 am

I was arrested from my own home for breaching a non-molestation order which I had no idea had been served on me. I signed for a delivery of mail, put it on the sofa. My ex and I had been going through a rough patch and she was staying at her mothers. I was painting the hallway and had text her asking about the colour and saying I wasn't sure she would like it. No response. I text and rang, no response, at the time we had a 5 year old daughter together. The police arrested me because of these texts, I spent a bank holiday weekend locked up, no interview, and when I got to Court it was dismissed. I had reasonable excuse to contact her and wasn't being hostile in any way. She then got an occupation order and I was homeless. All based on lies and the police didn't even check the evidence. What can I do?

Frankie 17/11/2017 at 7:54 am

My 13 year old son was stopped searched and arrested for theft in the street. He was thrown to the ground, knee in his back and handcuffed and taken to custody. When I arrived I was told he was arrested for theft of chocolates and a bootleg of alcohol. He was fingerprinted and had mouth swabs. He was then placed in cell from around 9pm till 3am and released with NFA. Evidence seized from his bag did not correspond with items stolen, as shop said amount was £3.48 and there was no CCTV. Both I and son mentioned that he had panic attacks, no support given. Police office said through door that ‘he doesn’t help people who try to resist an officer’! Concerned about his details on police system and PCN being on his record for life!

Shazza 21/09/2017 at 10:42 am

My 12 year old was arrested on the street at 13:30 by Cardiff police this Monday apparently for assault of another 12 year old (long story). My son has mental health issues and there is a note on his file telling them about this and how best to handle him. They have obviously ignored the note and grabbed him resulting in him having marks, bumps and bruises all over his body. These are pretty bad marks and I'm sure if I had made these I would have had extreme punishment or even a prison sentence. My son has now got to attend court on Tuesday for three assaults, as he kicked and spat at the officer's! Please help me as I am really annoyed and upset over this incident and do not know what to do next.

toad 07/07/2017 at 6:16 pm

I was pulled over by the police.when asked why they said for a marker light I did not have my wallet so I did not have a copy of my license on me.I however gave my information to the officer she ran my name,and nothing came back against me but the officer came back and arrested me while she was searching me she was groping my testicles.I had a passenger with me who I advised to roll up my window and lock my door.but he was unable to because the other officer blocked him by stepping between my passenger and the door and made my passenger leave the scene.after doing this the female officer put me in the back of her cruiser and the male officer started searching my classic 73 Monte carlo I then told the female officer I did not consent to a search nor did they inform me of such a search so tje officers decided to impound my vehicle and said they found paraphernalia in my vehicle.bit could not tell me what they found when they took me to station I sat in booking waiting for the officers.when they finally returned I asked what paraphernalia they had found I was told none they did not find anything in my vehicle. They still kept my vehicle in impound I was given a ticket for faulty equipment because my marker light was not visible (OK) but when I got my vehicle out od impound the following day it was destroyed the officers ripped my headliner down slashed my seats on every seam of my seats opened up cans of soda and dumped them all out on my floorboards along with un opened bags of chips I jad for my lunch at work,they had also tore my heater vent under my dashboard down this is a classic car mind you.what rights do I have and what options do I have I have contacted attorneys and was told the county I live in makes rules up as they go so the attorneys wouldn't even take my case bit if it where anywhere else they would win my case what do I do? My classic car is destroyed and will cost me alot of money to reatore to how it was before thw traffic stop.

CivilRightsMovement Editor 09/02/2017 at 11:49 am

We think an appropriate adult is required in this instance unless the parents consented otherwise.

Robbie-bear 07/02/2017 at 7:07 pm

My sons friends parents recieved calls yesterday from the police, asking if they could interview their children at school.
The following day the children were interviewed at school, asking questions about my son, who is 14 over a drug related Offence?.
Question -
Although the police asked the parents for permission to interview their children, apparently the children were interviewed with only the police present in the room, without a guardian.
Is this lawful????????

Jill 11/11/2016 at 7:46 pm

My son is 21 now he was sentenced to 4 year's and has been in jail for 2 years for burglary in 2014 when he was 18 hes recently returned home with a better attitude he's gotten himself a job but I have the leeds police burglary squad at my house at all hours everyday sometimes more than once asking for my son just to chat & joke around with him about crimes are they allowed to do this as he has a probation officer & a designated police officer that is in contact with him while he's still on licence

Jill 11/11/2016 at 7:40 pm

CivilRightsMovement Editor 02/06/2016 at 12:44 pm

This will depend on the circumstances - the penalty can be up to two years imprisonment.

Trac 01/06/2016 at 7:29 pm

My 15 year old boy has got to go to the police station as a 15 yearvold reckon he sexually asulted her what will happen if he is found guilty

Jj 18/03/2016 at 8:32 am

I was stopped by the police because of a concerned citizen call. I was parked at a local target store, and while parked in the parking lot the police approached me and made contact with me. During which without anything said they asked me to exit the truck because of suspect DUI. After I passed breathalyzer, and field sobriety test, that asked to searched my car and I denied the search saying I needed to goto work. And forced my hand by saying "they will bring the drug dog if I don't allow the search" isn't that unconstitutional? Plus at the station I refused the blood and urin test, and the officer once again forced my hand by saying that I will be prosecuted for refusal of the test and I will stay in jail till my court date. Now the supreme Court of Minnesota ruled in favor of defense that it is a violation of ones civil rights if the officer intimates or threatens defendants of the refusal of test if the defendants choose not to take the test and the supreme Court ruled in favor of the defendants and the case was dismissed. Now I live in Corcoran, Minnesota what is my opinions for defense.

Azania 09/03/2016 at 10:44 am

I arrived home last night whilst carrying my 5 year old to find 4 police men in my house whom had arrested my 19 year old son and was then in custody. My 21 year old son who was home alone had 4 policemen in his bedroom, handcuffed and bleeding at his wrists. I asked the police why my son was bleeding and cuffed, no response, but my son said because they wanted to search him.
I refused to leave my 21 year old alone with them note he does not have a criminal record and is a manager within a restaurant. Is this legal? They removed the cuffs without arrest nor search of him,

Monnia 29/01/2016 at 11:25 am

More proof (not that anymore is needed) that the people of the U.K live in a overbearing, nanny\police state. Anybody who is under the impression they could refuse a search by the police, is not living in the real world.Many police officers believe the only justification needed for a stop\search is their own say so, if there is no reason for the search, then because the law is so heavily weighted in their favour, it's easy to make up an excuse. The list of innocuous things that can be twisted to look suspicious is endless.

CivilRightsMovement Editor 28/01/2016 at 2:39 pm

The police can stop you at any time and ask you: what you’re doing, why you’re in an area and/or where you’re going. (You don’t have to answer any questions the police officer asks you).
They can search you if:
"they have ‘reasonable grounds’ to suspect you’re carrying:

illegal drugs
a weapon
stolen property
something which could be used to commit a crime, eg a crowbar
If you feel you have been stopped unjustly you can make a complaint to the IPCC.

Merv 28/01/2016 at 5:07 am

I would like to know what are my chances of bringing a successful prosecution against the police for an illegal stop and search ill quick run down at 23:00 on a Saturday night I was walking through Brixton heading towards the railway station I briefly stopped at tube station to listen to street performer playing bass for about 5 minutes I them went to off licence but didn't have the beer that I wanted so I walked a little future when suddenly I felt a hand grab me it was a woman and she immediately placed a handcuff in me followed by the other handcuff I to what are you doing and who are you they said police and I asked for ID asking why am I handcuffed they said they had been observing me for some time looking at women at ATM machines which was load of rubbish they then search me in the middle of street I ask what are you looking for no answer they run my name which took about 5 minutes they took the handcuffs off and simply walked away is this legal

deano 18/07/2015 at 12:12 pm

The police drove past me and my mates with the window up, as we walked up this road they were coming down the same vehicle, the officer then got out and said he could smell cannabis he stopped and searched us and found nothing can we refuse the stop and search if this situation is to happen again?

CivilRightsMovement Editor 23/03/2015 at 2:45 pm

@annie. As long as an appropriate adult accompanies her she can be interviewed.

Annie 20/03/2015 at 9:25 am

My foster child is to attend police interview she is 16 years of age can I or anther appropraite adult accompany her to this interview her age chronologically is 16 however she is mentally around 12

ilovecops 09/08/2014 at 9:17 pm

Can a cop come to my door by himself and charge me with something, read me my rights then say that's all and leave again this sounds suspicious to me???

lovejoy 04/08/2014 at 5:04 pm

most of the time when stopped by police i am asked to get out of my vehicle even if i had done nothing wrong . is it againist the law to refuse to get out of the car .
is it within the law to be arrested of doing nothing , if you resist such arrest are you comitting an offence .
thank you please will be waiting for your comments

Stephanie Castillo 24/06/2014 at 6:38 pm

I Need Help Finding A Lawyer That Will Do Pro Bono Or Will Work With Me On Payment, With 2 Of My Under Agee Bous That Got Into Trouble With The Law And Is Arrested.

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