Your rights when being stopped searched and Questioned.
When you are out on the street the police have powers to stop and ask you questions, they are also allowed to search you depending on the situation. A police officer can stop you at anytime and ask you the following questions:
- Why you are in an area and/or where you are going.
A PCSO (police community support officer) must be in uniform when they stop and question you. Police officers do not have to be in uniform but the do have to show you their warrant cards when questioning you if they do not show you their warrant card then you can refuse to answer their questions.
When the police stop you they have the power to search you (being searched does not mean you are being arrested) as long as they have ‘reasonable grounds’ to do so if they suspect you’re carrying:
* something they think could be used in a crime eg. a crowbar.
You can be stopped and searched without ‘reasonable grounds’ but only if it has been by a senior officer. This can happen if it is suspected that serious violence could take place, you’re carrying a weapon or have used one or if you’re in a specific location or area.
Before you are searched the police officer must tell you:
* Their name and police station they work for.
* What they expect to find, eg drugs and the reason they want to search you, eg it looks like you’re hiding something
* Why they are legally allowed to search you and that you can have a record of the search and if this isn’t possible at the time, how you can get a copy.
MOST IMPORTANT PART, if don’t remember anything else I’ve written please remember this.
when a police officer searches you they can ask you to take off your coat, jacket or gloves.
The police can ask you to take off other clothes and anything you’re wearing for religious reasons - eg a veil or turban. If they do, they MUST take you somewhere out of public view.
If the officer wants to remove more than a jacket and gloves they MUST be the SAME sex as YOU and also take you somewhere private out of public view.
All information I have used is from GOV.UK and is only valid in the UK.