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Falsely Accused of Crime

Stop & Search Guidance

Raj Chada
Raj Chada
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Chloe Hartnell
Chloe Hartnell
Partner
Edward Jones
Edward Jones
Partner
Gary Monks
Gary Monks
Partner
Graeme Hydari
Graeme Hydari
Partner
Kerry Spence
Kerry Spence
Partner
Kiran Mehta
Kiran Mehta
Partner
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Jessica Davis
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Mike Schwarz
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Ruth Harris
Ruth Harris
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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.

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.

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
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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