To keep us safe on the streets, the police carry out what is known as a stop-and-search. This process is used to check whether a person has illegal or harmful items, but it can be abused. To make sure you understand your rights, what the procedure should look like and when to contact defence lawyers, read this article for everything you need to know.
It might not be immediately clear why you’re being pulled over, so the best thing to do when this happens is to do as instructed. You could be pulled over for committing a traffic offence, a fault with your vehicle, to see the documentation permitting you to drive, or to search your person or vehicle for illegal or stolen goods.
Running from the police is never a good idea, as you will likely be caught and it may result in more trouble than to begin with. When asked to stop over by the police, it is important to do so as soon as the road becomes clear and safe for pulling over.
Stop-and-search is a process of apprehending a person for the sole purpose of searching for the person and their belongings. It can be used both on foot and while in vehicles, utilised to find illegal or harmful items in a person’s possession, should they be suspected of carrying anything. Officers must provide you with a reason for the search and should not proceed without doing so. Even if you give your consent, a police officer cannot search you without giving a reason first.
If you are stopped, the officer should explain why they have stopped you. A police officer is not allowed to pull you over because of your age, sex, ethnic background or religion, so make a note if any of these are mentioned. Likewise, a police officer should not stop you solely because you have been convicted before.
The officer needs to have reasonable grounds for suspecting that you have committed a crime. Following the search, the officer should provide you with a receipt, containing your rights and how you can access your stop-and-search record. If they find nothing in your possession, they have no reason to detain you any further.
In some cases, the powers of the police might be abused or procedures carried out incorrectly. In this circumstance, our criminal law solicitors at Lefevre Litigation can assist you with holding police actions accountable. We can help you get the justice you deserve with our criminal law representation, even if you have been accused of possession.
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