Unit 8 Lesson 1: Stop and Search

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Questions and Answers

What is a primary reason for a police officer to search a suicidal or self-harming individual?

To find items for potential resale

To collect evidence for a crime

To ensure they have nothing to harm themselves with (correct)

To identify them for future investigations

What must a constable establish before conducting a statutory search of an individual?

A warrant issued by a judge

Witness statements corroborating a crime

Physical evidence of wrongdoing

Reasonable grounds for suspicion (correct)

When is an officer permitted to search someone without a specific statutory power?

If the individual has a history of criminal behavior

When they have a personal suspicion

In circumstances requiring immediate life protection (correct)

For an ongoing investigation of other crimes

What document is issued to a person after a search is conducted by an officer?

A Stop and Search Receipt Signup and view all the answers

What is included in the National Stop and Search Database?

Search records of individuals stopped by officers Signup and view all the answers

What defines reasonable grounds for suspicion in the context of a police search?

Specific behavior or relevant information regarding the individual Signup and view all the answers

What should justify searching a person's jacket pockets when looking for stolen property?

Grounds for suspicion that further stolen property might be concealed Signup and view all the answers

What type of item is an exception that may require a person to remove it during a search?

Items worn to conceal identity Signup and view all the answers

When conducting a search in public, what items may a person be required to remove?

Outer coat, jacket, gloves, headgear, or footwear Signup and view all the answers

What is the primary consideration regarding the duration of a search?

It must be reasonable and kept to a minimum Signup and view all the answers

Where should a search be carried out when a person is detained?

At or near the place where the person was first detained Signup and view all the answers

Which item is NOT allowed to be removed during a public search?

Underwear Signup and view all the answers

What is permitted when searching clothing that has not been removed?

Examination of outer garments only Signup and view all the answers

Who must authorize the use of powers conferred by the relevant legislation for a search?

A senior officer Signup and view all the answers

What is the primary purpose of stop and search in policing?

To prevent, investigate, and detect crime Signup and view all the answers

What legislation governs stop and search practices in Scotland?

Code of Practice Signup and view all the answers

Which of the following is NOT a component of the Code of Practice for stop and search?

Allowing officers discretion without guidelines Signup and view all the answers

Which aspect is emphasized by the Code of Practice regarding stop and search?

Proportionality and legality of searches Signup and view all the answers

What is one of the learning outcomes from the lesson on stop and search practices?

Defining what constitutes a stop and search Signup and view all the answers

Which of the following statements about stop and search is true?

It must be executed based on reasonable suspicion. Signup and view all the answers

In the context of stop and search, what does the term 'proportionality' refer to?

The balance between the need for search and the rights of the individual Signup and view all the answers

Why is stop and search considered an essential policing tactic?

It aids in the prevention and investigation of crime. Signup and view all the answers

What is defined as a strip search?

A search involving the removal of more than outer coat and headgear. Signup and view all the answers

Who must authorize a strip search?

A constable of the rank of Inspector or above. Signup and view all the answers

In what location should a strip search ideally be conducted?

In a police custody center. Signup and view all the answers

What constitutes an intimate search?

An examination of a detainee’s body orifices other than the mouth. Signup and view all the answers

What is necessary before conducting an intimate search?

A search warrant issued by a Sheriff. Signup and view all the answers

Where should a more thorough search, such as removing a T-shirt, take place?

In a police van or police station nearby. Signup and view all the answers

What must be ensured during a strip search regarding the presence of individuals?

That no one else is present, including medical personnel. Signup and view all the answers

What should be considered about the risks associated with intimate searches?

The actual and potential risks must never be underestimated. Signup and view all the answers

What must be clearly explained when conducting a search under statutory power?

The article that the search is related to Signup and view all the answers

What information is essential to articulate grounds for a search requiring reasonable suspicion?

Information and/or intelligence regarding specific behavior Signup and view all the answers

What information is included in a Stop Search Receipt?

The nature of the power and authorizations given Signup and view all the answers

Which of the following statements is TRUE regarding the extent of a search?

The extent of a search must depend on the circumstances. Signup and view all the answers

In regards to powers under Section 60 of the Criminal Justice and Public Order Act 1994, what information must be stated?

The nature of the power and whether authorization has been granted Signup and view all the answers

What should be included in a clear explanation for conducting a search?

The statutory power under which the search is conducted Signup and view all the answers

Which of these is a reason an officer would need to provide grounds for suspicion?

To ensure the search is compliant with legal standards Signup and view all the answers

Which of the following must NOT influence the reason for conducting a search?

The characteristics of the individual being searched Signup and view all the answers

Study Notes

Stop and Search Overview

Stop and search is a crucial policing method for crime prevention, investigation, and detection.
In Scotland, stop and search practices follow a formal Code of Practice to ensure legality and proportionality.

Key Practices

Officers must justify searches based on immediate risks to life, even without specific statutory powers.
A Stop and Search Receipt is mandatory for every search conducted, recorded in the National Stop and Search Database.

Reasonable Grounds for Search

A constable must establish reasonable grounds for suspicion to stop and search an individual legally.
Officers should explain the basis for their suspicion based on relevant information or observed behaviors.

Conducting Searches

The extent of a search varies based on context; scope should remain proportional to the reason for the search.
Public searches are limited to outer garments—coats, jackets, gloves, headgear, and footwear—unless there's a need to ensure safety or concealment.

Specific Search Types

Strip Search:
- Involves removal of more than outer garments.
- Requires authorization from an Inspector or higher and must occur in private.
Intimate Search:
- Involves examination of body orifices (excluding the mouth).
- Requires a warrant from a Sheriff due to its intrusive nature.

Limitations of Searches

Searches must be conducted at the point of detention and kept as brief as is practical.
Officers can only examine outer clothing in public; deeper searches must be conducted discreetly.

Safety Considerations

Officers retain the authority to search for items that may pose an immediate threat.
Ensuring protection and safety is a priority in the execution of stop and search powers.

Authorizations

Use of statutory powers requires prior authorization by a senior officer, particularly for actions involving identity concealment.

Documentation

Proper documentation is necessary, including the reasons for the search and the items searched for, to maintain transparency and accountability.

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Description

Explore the fundamental principles of Stop and Search procedures as outlined in the Code of Practice. This quiz will help you understand the legal framework, rights, and responsibilities during these practices. Get ready to test your knowledge on this important aspect of law enforcement.