Strip search question Fao Madcop.
Discussion
Following on from a thread on general gassing, id like to know just what rights a person has if told they will be strip searched.
For instance, am i absolutley compelled to "bend over"?
What if i refuse? I understand "reasonable force" may be used. Quite what reasonable force is would depend...i for example would not submit willingly or quietly to being assaulted by any amount of coppers in that particular scenario.Therefore, reasonable force would be somewhat more than what most people would determine to be reasonable.
In fact i suspect it would not be reasonable to be sexually assaulted by some pervert in uniform attempting to look into my rectum.
What redress is there for people treated in such a fashion?
What penalties for refusal?
As ever, your insight is appreciated...just put the maglite down.
>>> Edited by deltaf on Wednesday 26th March 13:35
For instance, am i absolutley compelled to "bend over"?
What if i refuse? I understand "reasonable force" may be used. Quite what reasonable force is would depend...i for example would not submit willingly or quietly to being assaulted by any amount of coppers in that particular scenario.Therefore, reasonable force would be somewhat more than what most people would determine to be reasonable.
In fact i suspect it would not be reasonable to be sexually assaulted by some pervert in uniform attempting to look into my rectum.
What redress is there for people treated in such a fashion?
What penalties for refusal?
As ever, your insight is appreciated...just put the maglite down.
>>> Edited by deltaf on Wednesday 26th March 13:35
Following on from a thread on general gassing, id like to know just what rights a person has if told they will be strip searched.
For instance, am i absolutley compelled to "bend over"?
What if i refuse? I understand "reasonable force" may be used. Quite what reasonable force is would depend...i for example would not submit willingly or quietly to being assaulted by any amount of coppers in that particular scenario.Therefore, reasonable force would be somewhat more than what most people would determine to be reasonable.
In fact i suspect it would not be reasonable to be sexually assaulted by some pervert in uniform attempting to look into my rectum.
What redress is there for people treated in such a fashion?
What penalties for refusal?
As ever, your insight is appreciated...just put the maglite down.
>>> Edited by deltaf on Wednesday 26th March 13:35
STRIP searches
A strip search may take place if the custody officer considers it necessary, but he or she has no power to authorise an intimate body search. The courts have recognised that strip searches may be deeply humiliating and that the removal of a bra, for instance, would require considerable justification. No person of the opposite sex except for an appropriate adult who has been specifically requested by the person being searched, may be present at such a search, nor anyone whose presence is unnecessary. Except in cases of urgency there must be two people present other than the person being searched, when the search involves exposure of intimate parts of the body. One of these may be the appropriate adult, if relevant. Reasons for a strip search and the results of the search must be recorded on the custody record.
Intimate body searches
An intimate body search consists of the physical examination of any one or more of a person's bodily orifices, including the anus, vagina, ears and nose. The police can only carry out an intimate body search in limited circumstances. They can search you if a police officer of at least the rank of superintendent has reasonable grounds for believing that:
• You may have concealed on you something that you could use to cause physical injury to yourself or to others, and that you might use it while you are in police detention or in the custody of a court.
• You have concealed Class A drugs - such as heroin and cocaine, but not cannabis or amphetamines - on yourself and that you are in possession of the drugs either with intent to supply them to somebody else or with a view to committing a customs offence.
A search for drugs - Class A drugs only - may only be carried out by a registered medical practitioner or a registered nurse. It should only be carried out at a hospital, at a registered medical practitioner's surgery or at some other place used for medical purposes. An intimate search for potentially harmful items should also be carried out by a doctor or nurse, but may be conducted by a police officer if an officer of at least the rank of superintendent believes that it is not practicable for it to be carried out by a doctor or nurse. The search may be carried out at a police station.
In the case of all the above searches, Article 8 - the right to privacy - must be considered. Anything which goes further than that which is necessary for the prevention of disorder or crime would be in violation of the Article.
www.yourrights.org.uk
>> Edited by outlaw on Wednesday 26th March 14:08
Many years ago I was driving my mini back from a nightclub in Manchester, and had dropped the last of my friends off. I was followed some distance by a marked car and finally the blues came on and we pulled over.
'drinking, have we, sir?'
'Nope but i've dropped a couple of friends off who have..'
'out of the car please... i'd just like you to blow into this...'
' absolutely..' negative.
'we'd like you to accompany us to the station, you're under suspicion of carrying and taking drugs..'
'OK then, but it is a little late..'
murmerings of threat of arrest..
at the station i was forced to remove my clothing (although they did allow me the dinity of a private room ..er cell).
They also dismantled most of my car.
When they found absolutely nothing, they said i was free to go.
The car was still in bits when i got to the pound..
Now having just turned 18, I wasn't absolutely that well versed in custody/arrest/suspision matters, but once my dad had written to the chief constable, a disciplinery was swiftly dispached.
Though things might have changed in 20 years..
'drinking, have we, sir?'
'Nope but i've dropped a couple of friends off who have..'
'out of the car please... i'd just like you to blow into this...'
' absolutely..' negative.
'we'd like you to accompany us to the station, you're under suspicion of carrying and taking drugs..'
'OK then, but it is a little late..'
murmerings of threat of arrest..
at the station i was forced to remove my clothing (although they did allow me the dinity of a private room ..er cell).
They also dismantled most of my car.
When they found absolutely nothing, they said i was free to go.
The car was still in bits when i got to the pound..
Now having just turned 18, I wasn't absolutely that well versed in custody/arrest/suspision matters, but once my dad had written to the chief constable, a disciplinery was swiftly dispached.
Though things might have changed in 20 years..
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