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Falsely Accused of Crime

Stop & Search Guidance

Raj Chada
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Caroline Liggins
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Chloe Hartnell
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Darrell Ennis-Gayle
Darrell Ennis-Gayle
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Graeme Hydari
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Jessica Davis
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Kerry Spence
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Laura O’Brien
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Mike Schwarz
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Ruth Harris
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Sean Caulfield
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Anna Jemmison
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Casey Jenkins
Casey Jenkins
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Maxine Barker
Maxine Barker
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Michael Ackah
Michael Ackah
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Aneka Thirurajah
Aneka Thirurajah
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Francesca Cociani
Francesca Cociani
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Ghislaine Sandoval
Ghislaine Sandoval
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Emily McNally
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If you believe that the police have carried out an unlawful stop & search and you have been arrested as a result, our criminal defence solicitors may be able to help you.

Only uniform or plain clothes officers can undertake stop and search after identifying themselves and showing a warrant card. Our solicitors are continuously ranked as top tier legal experts, with a strong record in achieving successful outcome for their clients, including acquittals following unlawful stops and searches.

Hodge Jones & Allen_Chambers 2023_png“There is no question that they’re among the best in the country. The strength and depth of their expertise is second to none.” Chambers, 2023

Legal 500 UK -Top-Tier-Rirm-2023

“HJA’s criminal solicitors are amongst the leading criminal solicitors in the country. They have been involved in countless landmark cases but also in hundreds if not thousands of important protest cases in the magistrates courts.” Legal 500, 2023

When can the police use stop and search powers

The Police can stop and search you and your vehicle

IF: They have reasonable grounds to believe that you have stolen/prohibited articles (s.1 Police & Criminal Evidence Act 1984)

The Police can stop and search you for drugs

IF: They have reasonable grounds to suspect that you are in possession of drugs. (s.23 Misuse of Drugs Act 1971)

The Police can stop and search you

IF: There is specific authority by an Inspector for that time and place to search people for dangerous instruments and offensive weapons. (s.60 The Criminal Justice and Public Order Act 1994)

What the police must do before they search you?

Grounds – explain why they want to search you.

Object – explain what they are looking for.

Warrant card – this must be shown if the Police Officer is not in uniform.

Identification – the Police must give their name/warrant/identification number.

Station – give you the name of the Police station where they are based.

Entitlement – tell you that you are entitled to a copy of the stop and search record.

Lawful – the search has to be lawful

Year – tell you that you can get a copy of the search record for up to a year.

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What should I do when I am being stopped and searched by the police?

  • Get the Officer’s details – name/warrant/ identification no.
  • Get the name of the Police Station where they are based.
  • Find out why they are stopping you.
  • Ask for a record of the stop & search.
If you believe you have been unlawfully searched contact us on
0808 271 9413
to find out how we can help you.

 

If you’re calling outside our office hours (9:30am to 5:30pm), call our free phone 24 telephone 0808 274 8226. There will always be someone at the other end of the telephone to assist you.

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