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Police stop and search in the street
Yes, but usually only if an officer has reasonable grounds to suspect you are carrying stolen or prohibited items or drugs. Without suspicion, searches for weapons are allowed only where a senior officer has authorised them for an area under section 60.
The main powers
- PACE s.1: search a person or vehicle in a public place for stolen or prohibited articles, such as weapons or items for burglary, theft, fraud or criminal damage.
- Misuse of Drugs Act 1971 s.23: search a person or vehicle for controlled drugs.
- Both need reasonable grounds for suspicion (PACE Code A para 2.2): a genuine suspicion that the item will be found, based on information, intelligence or your specific behaviour. Appearance, age, race, religion or a previous conviction can never be the reason unless they match a description (para 2.2B). Officers cannot stop you to look for grounds.
- CJPOA 1994 s.60: an inspector can authorise searches for weapons in an area for up to 24 hours (a superintendent can add 24 more) if serious violence may occur or weapons are being carried. Uniformed officers can then search without suspicion. Failing to stop is an offence.
What you must be told (GOWISELY)
Before searching, the officer must tell you the Grounds, Object of the search, show a Warrant card if not in uniform, give their Identity and Station, your Entitlement to a record, the Legal power used, and that You are detained for a search (Code A para 3.8).
Searching clothing in public
- You can only be made to remove an outer coat, jacket or gloves in public, plus, where authorised, a face covering (s.60AA; Code A para 3.5). Officers may check pockets, collars, socks and shoes.
- Anything more must be out of public view, such as in a police van, by an officer of the same sex. Searches exposing intimate parts must be at a nearby police station or similar private place.
The record
A record should be made on the spot. You should be offered a copy or a receipt explaining how to get one, and can request a copy within 3 months (PACE s.3).
Stop and account
Being asked to explain yourself is not a search. You generally do not have to answer, and there is no national requirement to record it (Code A para 4.12).
Vehicles
Uniformed police can stop vehicles on a road (Road Traffic Act 1988 s.163) and search it under these powers. If they search an unattended vehicle they must leave a notice.
If you refuse
Officers must seek co-operation but may use reasonable force as a last resort (Code A para 3.2). Obstructing a search can be an offence (Police Act 1996 s.89(2); Misuse of Drugs Act s.23(4)). It is usually best to stay calm and challenge it later.
Complaints
Complain to the force's professional standards department or through the IOPC website.
Getting advice
If you are arrested, legal advice at the police station is free.
Authorities: Police and Criminal Evidence Act 1984 ss.1, 3; PACE Code A (2023, in force 20 December 2023) paras 2.2, 2.2B, 2.11 to 2.14, 3.2 to 3.8, 4.1 to 4.2, 4.8, 4.12; Misuse of Drugs Act 1971 s.23; Criminal Justice and Public Order Act 1994 ss.60, 60AA; Road Traffic Act 1988 s.163; Police Act 1996 s.89(2)