ID'ing to the police
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voyds9

Original Poster:

8,490 posts

313 months

Sunday 23rd September 2018
quotequote all
Just been watching a couple of Youtube videos where the police have stopped members of the public.

The member of public has refused to identify.

The police then search them under terrorism act (section 43?)

Does this give them the right to search your wallet for identification?

(as one of them said just because it says Canon on my camera doesn't mean it is a weapon of mass destruction).

TooMany2cvs

29,008 posts

156 months

Sunday 23rd September 2018
quotequote all
voyds9 said:
The police then search them under terrorism act (section 43?)

Does this give them the right to search your wallet for identification?
https://www.legislation.gov.uk/ukpga/2000/11/secti...
Terrorism Act 2000 said:
43 Search of persons.

(1)A constable may stop and search a person whom he reasonably suspects to be a terrorist to discover whether he has in his possession anything which may constitute evidence that he is a terrorist.

(2)A constable may search a person arrested under section 41 to discover whether he has in his possession anything which may constitute evidence that he is a terrorist.

(3) (Repealed by POFA2012)

(4)A constable may seize and retain anything which he discovers in the course of a search of a person under subsection (1) or (2) and which he reasonably suspects may constitute evidence that the person is a terrorist.

(4A)Subsection (4B) applies if a constable, in exercising the power under subsection (1) to stop a person whom the constable reasonably suspects to be a terrorist, stops a vehicle (see section 116(2)).

(4B)The constable—

(a)may search the vehicle and anything in or on it to discover whether there is anything which may constitute evidence that the person concerned is a terrorist, and

(b)may seize and retain anything which the constable—

(i)discovers in the course of such a search, and

(ii)reasonably suspects may constitute evidence that the person is a terrorist.

(4C)Nothing in subsection (4B) confers a power to search any person but the power to search in that subsection is in addition to the power in subsection (1) to search a person whom the constable reasonably suspects to be a terrorist.]

(5)A person who has the powers of a constable in one Part of the United Kingdom may exercise a power under this section in any Part of the United Kingdom.

voyds9

Original Poster:

8,490 posts

313 months

Sunday 23rd September 2018
quotequote all
I'd got as far as that but nothing there says it is OK to search wallet for identification

but also nothing says it is wrong to find and use that information when, say, looking for phone numbers of other terrorists which may be contained in the wallet.

It could be argued that your name could be obtained to check against lists of known suspects.

Graveworm

9,235 posts

101 months

Sunday 23rd September 2018
quotequote all
TooMany2cvs said:
voyds9 said:
The police then search them under terrorism act (section 43?)

Does this give them the right to search your wallet for identification?
https://www.legislation.gov.uk/ukpga/2000/11/secti...
Terrorism Act 2000 said:
43 Search of persons.

(1)A constable may stop and search a person whom he reasonably suspects to be a terrorist to discover whether he has in his possession anything which may constitute evidence that he is a terrorist.

(2)A constable may search a person arrested under section 41 to discover whether he has in his possession anything which may constitute evidence that he is a terrorist.

(3) (Repealed by POFA2012)

(4)A constable may seize and retain anything which he discovers in the course of a search of a person under subsection (1) or (2) and which he reasonably suspects may constitute evidence that the person is a terrorist.

(4A)Subsection (4B) applies if a constable, in exercising the power under subsection (1) to stop a person whom the constable reasonably suspects to be a terrorist, stops a vehicle (see section 116(2)).

(4B)The constable—

(a)may search the vehicle and anything in or on it to discover whether there is anything which may constitute evidence that the person concerned is a terrorist, and

(b)may seize and retain anything which the constable—

(i)discovers in the course of such a search, and

(ii)reasonably suspects may constitute evidence that the person is a terrorist.

(4C)Nothing in subsection (4B) confers a power to search any person but the power to search in that subsection is in addition to the power in subsection (1) to search a person whom the constable reasonably suspects to be a terrorist.]

(5)A person who has the powers of a constable in one Part of the United Kingdom may exercise a power under this section in any Part of the United Kingdom.
Not seen the video but it's far more likely to be a S47A rather than S43 search (No need for a reasonable grounds etc.) But the object is the same.

Bigends

6,158 posts

158 months

Sunday 23rd September 2018
quotequote all
Graveworm said:
TooMany2cvs said:
voyds9 said:
The police then search them under terrorism act (section 43?)

Does this give them the right to search your wallet for identification?
https://www.legislation.gov.uk/ukpga/2000/11/secti...
Terrorism Act 2000 said:
43 Search of persons.

(1)A constable may stop and search a person whom he reasonably suspects to be a terrorist to discover whether he has in his possession anything which may constitute evidence that he is a terrorist.

(2)A constable may search a person arrested under section 41 to discover whether he has in his possession anything which may constitute evidence that he is a terrorist.

(3) (Repealed by POFA2012)

(4)A constable may seize and retain anything which he discovers in the course of a search of a person under subsection (1) or (2) and which he reasonably suspects may constitute evidence that the person is a terrorist.

(4A)Subsection (4B) applies if a constable, in exercising the power under subsection (1) to stop a person whom the constable reasonably suspects to be a terrorist, stops a vehicle (see section 116(2)).

(4B)The constable—

(a)may search the vehicle and anything in or on it to discover whether there is anything which may constitute evidence that the person concerned is a terrorist, and

(b)may seize and retain anything which the constable—

(i)discovers in the course of such a search, and

(ii)reasonably suspects may constitute evidence that the person is a terrorist.

(4C)Nothing in subsection (4B) confers a power to search any person but the power to search in that subsection is in addition to the power in subsection (1) to search a person whom the constable reasonably suspects to be a terrorist.]

(5)A person who has the powers of a constable in one Part of the United Kingdom may exercise a power under this section in any Part of the United Kingdom.
Not seen the video but it's far more likely to be a S47A rather than S43 search (No need for a reasonable grounds etc.) But the object is the same.
Still no requirement to give name and address though as I recall

voyds9

Original Poster:

8,490 posts

313 months

Sunday 23rd September 2018
quotequote all
It's not the requirement I'm wishing to know

Are they legally able to obtain your name from bank cards/ driving licence in the process of their search (especially if you previously refused).

spookly

4,391 posts

125 months

Sunday 23rd September 2018
quotequote all
The bigger question is the percentage of searches conducted under anti-terror legislation are genuinely cases where the police suspect terrorism, as opposed to just misusing their powers.

Boosted LS1

21,200 posts

290 months

Sunday 23rd September 2018
quotequote all
^ This. It's an abuse. They have a difficult job so take the easiest route. Life's imperfect for them and us.

MrJuice

3,770 posts

186 months

Sunday 23rd September 2018
quotequote all
I was randomly stopped and searched under the terrorism act. Bit weird but all fine

Cold

16,708 posts

120 months

Sunday 23rd September 2018
quotequote all
MrJuice said:
I was randomly stopped and searched under the terrorism act. Bit weird but all fine
Did you ask them why they thought you were a potential terrorist?

MrJuice

3,770 posts

186 months

Sunday 23rd September 2018
quotequote all
Cold said:
Did you ask them why they thought you were a potential terrorist?
This was 2008 and I was carrying 7k in cash having just sold a watch. Everything was above board but I didn't want to ruffle any feathers so I didn't say anything. I did mention the cash to the cop and showed him the bill of sale showing who had given me cash (biggest west end watch dealer).

It was part of some operation at one of the central London tube stations. Didn't bother me tbh because I'm pretty sure I was stopped because they need to stop a certain number of people. Never been stopped before or since.

Graveworm

9,235 posts

101 months

Sunday 23rd September 2018
quotequote all
Cold said:
Did you ask them why they thought you were a potential terrorist?
As I said under S47A there is no requirement to think that they were a terrorist, it's about the area. If an ACC/Commander or above authorises it then any person or vehicle can be searched in that area. It's less often used now but at one point it was pretty near continuous for most of Central London, many city centres and most major train stations.
If you are not driving or riding a bike and they don't think you have committed an offence then 99% of the time there is no requirement to identify yourself to police. (Some obscure exceptions like holders of firearms/shotgun certificates, pedlars etc) As has been said, they can't "Unsee" it if they see a name and address on correspondence found during a search. They would likely record this as part of the search record and may conduct checks using it if appropriate.


Edited by Graveworm on Sunday 23 September 22:57

Haltamer

2,672 posts

110 months

Monday 24th September 2018
quotequote all
MrJuice said:
It was part of some operation at one of the central London tube stations. Didn't bother me tbh because I'm pretty sure I was stopped because they need to stop a certain number of people. Never been stopped before or since.
Similar story from a colleague at work, who was given the impression that he had been "pulled" for the sake of statistics / satisfying quotas

chainy

35 posts

178 months

Tuesday 25th September 2018
quotequote all
https://www.youtube.com/channel/UCZhR7WrOXoaQohsOA...



I've just been watching this old guys vids. Basically he films Copers coming and going from police stations and makes himself as awkward as possible when the police start asking him questions. Seems he is quids in with the way some of the cops have handled him..

AlexRS2782

8,516 posts

243 months

Tuesday 25th September 2018
quotequote all
I'm somewhat surprised that DavidBall hasn't popped up on this thread yet hehe

Edit - Or maybe he has & he's the guy featured in the YouTube channel link above getmecoat

anonymous-user

84 months

Tuesday 25th September 2018
quotequote all
chainy said:
https://www.youtube.com/channel/UCZhR7WrOXoaQohsOA...

I've just been watching this old guys vids. Basically he films Copers coming and going from police stations and makes himself as awkward as possible when the police start asking him questions. Seems he is quids in with the way some of the cops have handled him..
Best bet when dealing with life’s winners like that is to ignore them.

They hate it because they don’t get the attention they want.




anonymous-user

84 months

Tuesday 25th September 2018
quotequote all
AlexRS2782 said:
I'm somewhat surprised that DavidBall hasn't popped up on this thread yet hehe

Edit - Or maybe he has & he's the guy featured in the YouTube channel link above getmecoat
Unlikely. Chap in the YT video is outside, unsupervised.

Psycho Warren

3,087 posts

143 months

Tuesday 25th September 2018
quotequote all
usually its those freeman type lunatics or conspiracy nut types who refuse to give basic information to the cops.

Funnily enough, if you act like a tt you will be treated like one. not surprising really.

In 99.999999999999% of these youtube videos, had they just answered the coppers sensible questions politely, they would have been on thier way no problems, no drama. However they wanted to create drama from the outset to somehow support thier agenda.

hornmeister

814 posts

121 months

Tuesday 25th September 2018
quotequote all
If someone refuses to give their name to a copper then there is reasonable suspicion that they are doing something that the shouldn't. Or they're just a bellend trying to be awkward.

Be polite & courteous if necessary get the badge number and complain later if you're treated badly. It'll make the situation go away much quicker and also make it less likely your rights are infringed further.

Coppers have a hard job, see a lot of stuff we wouldn't want to and generally come running when we desperately need them. No point being a pain in the backside to them.

pavarotti1980

6,347 posts

114 months

Tuesday 25th September 2018
quotequote all
chainy said:
https://www.youtube.com/channel/UCZhR7WrOXoaQohsOA...



I've just been watching this old guys vids. Basically he films Copers coming and going from police stations and makes himself as awkward as possible when the police start asking him questions. Seems he is quids in with the way some of the cops have handled him..
What a dogs tool he is