A ‘stop’ is when a police officer or police community support officer stops an individual and asks them to account for themselves. That is, if they ask the individual to tell them: what they are doing, why they are in an area, where they are going, or what they are carrying; because of the Stephen Lawrence Report, the officer must fill in a form saying why they were stopped and has to give them a copy.
A ‘stop and search’ is when a police officer stops an individual and searches them, their clothes and anything they are carrying. Only a police officer (not a police community support officer) can search someone. A person can only be stopped and searched if a police officer has reasonable grounds for suspecting that they are in possession of: stolen goods, offensive items, prohibited articles, or items intended to cause criminal damage. There are times however when police officers can search anyone within a certain area, for example: when there is evidence that serious violence could take place there, or where a terrorist threat has been identified. However the officer should explain this to the individual and must be searching for items which could be used in connection with violence or terrorism. Before someone is searched, the police officer should tell them: that they must wait to be searched, what law they are using and the individuals rights, their name, the station they work at, why they chose you, what they are looking for, and that you have a right to be given a form straightaway showing details of the stop and search.
When stopped or searched the officer must fill in a form and give it to the individual straightaway unless, for example, they are called away to an emergency. In this case a copy can be obtained from a police station anytime within 12 months. The officer must write down: the name or a description of the individual (only if they are searched); their self-defined ethnic background, when and where they were stopped or searched, why they were stopped or searched, if they are taking any action, the names and/or numbers of the officers, and if the individual was searched- what they were looking for and anything they found.
The Police can stop and search a individual in a public place, regardless of payment, and if they are in a private garden which the Police believes not to be theirs they can also carry out a ‘stop and search.’ If they are in a public place, they only have to take off their coat or jacket and their gloves (outer-clothing), unless they have been stopped in relation to terrorism or where the officer believes they are using clothes to hide their identity. If the police officer asks to take off more than this or anything you wear for religious reasons, such as a face scarf, veil or turban, they must take you somewhere out of public view e.g. the station. This does not mean that the individual is being arrested. In this case, the police officer who searches someone must be the same sex as them for obvious reasons.
A vehicle can be stopped at any time and an individual may be asked to show their driving documents, such as their licence.
The police can search a vehicle if they have reasonable grounds to think it contains: stolen goods, offensive items, prohibited articles, or items intended to cause criminal damage. They can search a vehicle at anytime, even if the individual is not there but must leave a notice saying what they have done. If the search causes damage to the car, the owner can ask for compensation but only if the police did not find anything to connect them to a crime.
