Stop & Search: know your rights
Victory against unlawful stop and search
Duncan Roberts recently represented a client charged with possession of a bladed article.
The client had been present at the scene of an incident he had witnessed and was assisting police. Almost an hour after the police met him they decided to search him. They recovered a knife in the pocket of the jacket he was wearing.
Duncan argued that the officer who had been speaking to our client had no reasonable grounds for suspicion, and as such could not legally search our client. The officer claimed that he was relying on his superior officer’s suspicion. Duncan argued that as that officer had not been named and no statement provided by them, those suspicions amounted to hearsay and therefore could not be repeated before the court.
This meant that the Officer who conducted the search had no lawful reasons for searching our client.
There were also a number of other aspects of the search which were not conducted in accordance with the Police and Criminal Evidence Act (PACE).
The result of this argument was that if the search was unlawful, the fact that the knife was found could not be relied upon and there was no case to answer.
4 Main procedures in a stop and search
- The police officer must identify himself appropriately;
- must show his warrant card;
- must identify the item sought;
- must provide a written record of the search or inform a suspect that a record can be made available for them.
If one or more of these procedures are failed, the search itself could be unlawful, and therefore weaken the case against you.
If you have been found in possession of a weapon, drugs or anything else illegal and are unsure whether the search was lawfully conducted contact us. We can advise on the procedures the police should undertake and whether they have conducted a stop and search appropriately.
How can we help?
If you need specialist advice in relation to any criminal investigation or prosecution, from the initial investigation through to court proceedings, please get in touch with. Call John Howey on 020 7388 1658 or email firstname.lastname@example.org. Let us help.
Please note that the information contained in this article was correct at the time of writing. There may have been updates to the law since the article was written, which may affect the information and advice given therein.