The powers library01 of 59 Stop and search
Stop and search for stolen or prohibited articles
s.1Police and Criminal Evidence Act 1984
A constable may stop, detain and search a person or vehicle in a public place if they have reasonable grounds to suspect they will find stolen or prohibited articles, bladed articles, corrosive substances or prohibited fireworks.
Stop and search for stolen or prohibited articles · Police and Criminal Evidence Act 1984, s.1Card 01 / 59
When you can use it
Say them out loud first. Then tap each one to check.
- s.1(1)The officer is in a place the public can access (paid or free, by right or permission), or another place people can readily access that is not a dwelling
- s.1(3)Reasonable grounds for suspecting they will find a stolen or prohibited article, an article linked to an offence under s.139 or s.139AA CJA 1988, i.e. having a bladed or pointed article in public or threatening with a blade or weapon (s.1(8A)), a corrosive substance (s.1(8AA)) or a prohibited firework (s.1(8B))
- Code A 2.2The suspicion is genuinely held and objectively reasonable, based on facts, information, intelligence or the person's behaviour
- s.1(4)–(5)In a garden or yard of a dwelling, reasonable grounds to believe the person (or person in charge of the vehicle) does not live there and is not there with a resident's permission
- s.2(2)–(3)Before searching, reasonable steps taken to give the required information, and warrant card shown if not in uniform
Stop and search for stolen or prohibited articles: questions people ask
When can the police use stop and search for stolen or prohibited articles?
1. The officer is in a place the public can access (paid or free, by right or permission), or another place people can readily access that is not a dwelling 2. Reasonable grounds for suspecting they will find a stolen or prohibited article, an article linked to an offence under s.139 or s.139AA CJA 1988, i.e. having a bladed or pointed article in public or threatening with a blade or weapon (s.1(8A)), a corrosive substance (s.1(8AA)) or a prohibited firework (s.1(8B)) 3. The suspicion is genuinely held and objectively reasonable, based on facts, information, intelligence or the person's behaviour 4. In a garden or yard of a dwelling, reasonable grounds to believe the person (or person in charge of the vehicle) does not live there and is not there with a resident's permission 5. Before searching, reasonable steps taken to give the required information, and warrant card shown if not in uniform
Who can use stop and search for stolen or prohibited articles?
A constable.
What law gives the power for stop and search for stolen or prohibited articles?
Police and Criminal Evidence Act 1984, s.1.
More stop and search powers
- Stop and search safeguardsPolice and Criminal Evidence Act 1984, ss.2–3
- Search for controlled drugsMisuse of Drugs Act 1971, s.23
- Stop and search without suspicion in anticipation of serious violenceCriminal Justice and Public Order Act 1994, s.60
- Removal of face coveringsCriminal Justice and Public Order Act 1994, s.60AA
- Firearms stop and searchFirearms Act 1968, s.47
- Terrorism stop and search (reasonable suspicion)Terrorism Act 2000, ss.43–43A
- Stop and search without suspicion in a specified area or place (terrorism authorisation)Terrorism Act 2000, s.47A
- Road checksPolice and Criminal Evidence Act 1984, s.4