Stop and search - what are my rights?

Stop and search - what are my rights?

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Beggarall

Original Poster:

550 posts

241 months

Friday 12th December 2014
quotequote all
Just back from gym where I watched a BBC programme about Oxford Street. Amongst many "dramas" was a man stopped and searched by a plain clothes police officer because he "looked suspicious" and had been giving the "eye" to a mobile phone bag that the police officer was carrying (as a lure). The commentator said that the officer was relying on "his instincts". Seems to me to be pretty insubstantial grounds for a stop and search and could easily happen to me if it were thought I looked suspicious enough. If that were to happen i wonder what would be my rights to refuse a search and does the officer have to give clear grounds for requesting such action? As it turned out the man stopped had in his possession a stolen mobile phone - but does the end justify the means. I am sure this has been discussed here many times particularly regarding the disproportionate number of BME subjects stopped - but i wonder how I would react if it happened and what should I do...so, what are my rights and what should I do?

Beggarall

Original Poster:

550 posts

241 months

Friday 12th December 2014
quotequote all
In the TV programme they were looking to apprehend pick-pockets.

Beggarall

Original Poster:

550 posts

241 months

Friday 12th December 2014
quotequote all
In the TV programme they were looking to apprehend pick-pockets.

Beggarall

Original Poster:

550 posts

241 months

Friday 12th December 2014
quotequote all
Well, from what I saw of the programme there didn't seem to be any "reasonable" grounds but I guess the "due process" was edited out. So what happens if you refuse, they arrest you (for what?) and then force a search of all body cavities and find nothing - what is your recourse?

Beggarall

Original Poster:

550 posts

241 months

Friday 12th December 2014
quotequote all
ATG said:
Rather than get too preoccupied with our rights, perhaps better to think about our responsibilities in these situations? In this case I'd say that would be to cooperate with the police so that they can get the search over and done with as quickly as possible.
Well, while not wanting to sound like an anarchist, I would take profound objection to being stopped and searched if the officer had no better reason to do so than "trust his instinct" as was portrayed in this particular programme. I think there have been many people in this situation and you could see how this could escalate - as I guess it must have happened on many occasions.

Edited by Beggarall on Friday 12th December 20:18