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Law73Updated 9 Sept 20262 pages

Understanding Police Stop and Search Powers

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Lilian @liliantum_hhqc
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Stop and search powers give police the right to search you in public places, but they can't just do it randomly. Understanding your rights and the proper procedures can help you know what to expect if you're ever stopped by police.
Stop and Search – page 1

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Police Powers and Legal Framework

The Police and Criminal Evidence Act 1984 (PACE) sets out exactly when police can stop and search you. They can only do this if they reasonably believe you're carrying illegal drugs, weapons, stolen goods, or items that could be used to commit crimes.

Public places are where these searches can happen - think streets, shopping centres, cinemas, and pubs. Your private home is off-limits though. The Criminal Justice Act 2003 expanded these powers to include searching for items intended to cause criminal damage.

The key protection for you is that police must have 'reasonable grounds' under Code A of PACE. This means they can't stop you just because they don't like how you look - there must be objective facts, information, or intelligence backing up their suspicion.

Remember: Police need solid reasons, not just hunches or prejudices, to justify stopping and searching you.

Stop and Search – page 2

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The GOWISELY Procedure

Police must follow a strict procedure called GOWISELY when conducting stop and searches. Each letter represents something they must do: explain their Grounds, state the Object of the search, show their Warrant card if in plain clothes, give their Identity, name their police Station, explain you're Entitled to a search record, cite the Legal power (usually s1 PACE 1984), and inform You that you're being detained.

During questioning, you can refuse to answer questions (from Rice v Connelly), but you must remain polite (Ricketts v Cox). Clothing removal is limited to outer items like jackets, gloves, and hats under s2(9) PACE - anything more intimate must happen away from public view.

If you don't cooperate, police can use reasonable force under s117 PACE and Kenlin v Gardener, but searches should normally be conducted without force.

Top tip: Knowing the GOWISELY procedure helps you identify whether police are following proper legal requirements during a stop and search.

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