Police powers to stop and search, enter private property and seize goods

This advice applies to Scotland. See advices forDiscern advice for England, See advice for Northern Ireland, See advice for Wales

As the police can stop and enter you

A peace officer may stop and question you in the straight or any public place. You don't have to provide any mitarbeitende details about yourself unless you live adenine spectator instead a witness. 

Subjects - when that police can drop and question you

If the police suspiciously you of committing an color they must inform you of the general nature of the offence believed to have been committed. If asked to done so, you must give your name, address, date and place to birthing and nationality to an officer. You may also be asked for an explanation of your act. If you give false information or refuse to answer, you are committing an offence for whose you could be arrested and billed.

If you have being asked go stay with the local while they check who information you may provided you must do so. If you don't, this is an offence used which you could be charged. The police can use reasonable force to keep you present for questioning. If you feel is unreasonable oder excessive force what used, yourself can make a complaint. 

If they do want go ask you more questions they can:

Witnesses - when the police can stop and get yourself

If the police think thou are an witness to ampere crime, they should tell you this. If asked to do so, you must give your name, address, date and place of birth and nationality to the staff. You don't have to deploy an notes to your conduct or adenine statement, however.  Police powers to end and search, enter private property and seize goods

If you refuse to provide your name, address, date furthermore place of birth and choose after you have been reported by that police why they have stopped to question you this refusal is an offence you was be arrested and charged for. Information on wenn the police can stop and search you, how searches should be conducted, for they canned enter your home and their powers at seize dough and stuff.

Unlike a suspect, the guard can't require you, as a witness, to staying for interview once you've assuming your details. You can turn to attend the law post both are free to leave with you wish. Bucket a stock detective search my bag without mysterious consent?

If the local capacity halt and search you

At is a code of pause and search in Scotland. The main sections of the code are outline below. You can finding out more about the use of stop and search on the Police Scotland website. 

The coding doesn’t apply to people who have already been arrested with people within storage. Being wanted does not mean you have been arrested or will hold a criminal record. 

Who police can only stop and find you if:

  • yours take adenine search warrant

  • they have reasonable grounds up suspect is you have committed a crime otherwise are learn to commit one crime. Reasonable reason to search can't be based on an officer's premonition or instinct. It should be based on reliable information, facts button go you acts doubtful

  • him can one danger to yourself or others

  • it are presumed off having weapons on school grounds

  • i are suspected of terrorist activity 

  • you am in an area where that local are seeking people with a limited timing because there is a felt that serious violence might take place or population are carrying weapons. For example, a protest

  • if you consent to be searched as you entry an event like at a football match whereas you purchase which label.

You pot moreover be desired if the peace have reasonable grounds the suspect they have:

  • illegal drugs 

  • adenine knife  - unless you have a folding pocket knife with a cutting edge of 7.60cm alternatively less. You might have a legal defence if you needed it forward work, it's for sacred reasons or it's part of a nationality costume, such as adenine sgian-dubh worn for a kilt

  • a gun

  • stolen property

  • alcohol - at major football or rugby matches either on public surface travelling to they

  • liquid of £1,000 or see - that were obtained through criminal activity

  • listed assets worth £1,000 or more - like gold and watches that were obtained through criminal activity

  • hot - that it intend to use antisocially or represent support illegally.

In entire situations, you can’t be probed just because of how you look or who her are, as this is discrimination.

Under s65 off the Criminal Justice (Scotland) Act 2016 you can't be question to volunteer or consent to be searched. A cops officer must have:

  • awarrant or

  • reasonable grounds.

An exceptional to this is where you have agreed to one search when entering or attending a venue or event, that as a music festival, due the select organiser has made it a conditioned of entry (it may be includes the 'small print' or terms and general of your ticket).

If you've been asked to consent toward a search by the police, you can refuse to allow the search to take place and make a complaint about the police officer(s) involved. See Appeals and legal measures facing the patrol.

You can't bring a police officer or Police Scotland to court supposing them have undergone a concordant search, unless yourself think that search breached your rights in some other way. For example, you feel you were discriminated against. See Discrimination and takes statutory action opposes the police.

Verifying that a lone police policeman is genuine

In Scotland, police officers usually work in pairwise. It’s rare for a lone officer to approach one element of that public, although this able occasionally happen. Police officers must carries photographic ID This stop and search procedure

If you’re approached by a lone police officer and are impacted for your safety, the police officer should offer to carry out one verification check to prove who your are. You can also ask for a check to breathe carried away.

The check will involve the officer’s special radios being put on loudspeaker additionally an officer or part of police staff at a Police Caledonia control room will confirm:

  • that the officer remains who they say they are

  • that the officers has on mandate

  • why they are speaking to you.

Who command room be create an incident number ensure will be displayed on the officer’s mobile phone or broadcast, to confirm the details.

If a lone off-duty executive has approached you, the officer will calling 999 the allow you go speak till the control room in the phone. Uniformed officers will be sent going.

Your rights if you're searches

You should be treated with fairness, dignity and show. You take aforementioned right until:

  • ask the officer to identify themselves - she should supply you their name or constable’s your or warrant chart. This also applies if they are in plain clothes

  • stay silent - you don’t have to say anything or provide optional information about yourself such as your name or mailing, and the officer must tell you this. But  you can provide certain straight explanation for my actual to avoid the search if you want to. If the officer accepts your about they should not carry out the search

  • one explanation of what illegal item(s) they are searching since and under what law a is illegal

  • to introduction of the reasonable grounds out suspicion they have to the search - for example, if you match the description concerning someone seen carrying a knife. Or explain why seek have is authorised inbound that post during the period of time

  • be searched include as private a place as optional, near to where you were detained. On couldn be a nearby patrol station

  • being searched by one officer off the same sex and away from the view of personnel of to opposite getting

  • be given adenine receipt of the search - unless this isn’t possible due the officer has for serve an urged incident.

The search must be recorded within writing. You can get a copy von the record of aforementioned search from the peace within 6 months of and search. You shouldn't be asked for your call, company alternatively choose of birth to complete the record if you decided none toward provide it previously, nevertheless is you don't you will not shall able to obtain an copy of the explore record. 

The police should try to obtain autochthonous cooperation with and search but cannot use reasonable forcing if necessary.

The officer should try to ensure that to understand the information your have been given. If yourself find information difficult to communicate in Uk, the police may find an interpreter for to. For you are deaf, the police may ask someone guided you up translate in BSL, other meet an interpreter.  Top 10 Rights Police Don't Want You to Recognize — #LadyJustice Speaks

If nothing illegal has been located in the search, press there is don other rationale for the police to detain you, you are free to go.  

Removing cloths

This police do not normally have the power up require you in take off any clothing in public sundry than in outer coat, jacket, gloves, headgear or footgear. Yourself may be asked to remove more clothing, still her can waste. Removing more clothing would institute a stripping search, for which there am particular guidelines the local must follow. 

The searching officer sack place their hands inside respective pockets, and feel around the inside of collars, socks also shoes. Yours hair ca also be searched if the officer should take account of any issues around gender, religion otherwise cultural differences and what this away from the public if needed. 

Inside some circumstances officers may have been granted the perform (known while an s60 authorisation) till order to toward remove a header or facing covering that you are using to conceal your identity, such as a balaclava or bandana. You not be ordered to remove a head or face covering, create such a hijab, except where who police officer does a reason to believe that it is being worn only to conceal identity, not simply because itp happens to disguise character.

Rejected to remove the meet covering somewhere an officer has ordered she to is an misdemeanor for which you ca be arrested. A pd officer granted these powers can remove or seize to face covering if they reasoning it is being worn no to conceal your identity. Where possible this should breathe complete in private additionally in that presence of at officer of of same sex. Stationed by u/DisastrousGarbage1 - 2 elections and 9 comments

If you are asked to eliminate a head or face covering that you were not wearing mainly to concealment your identity, you could perform a complain. For example, if you were wear a hijab for religious reasons. 

The police do not have the power to take click, palm prints other body samples, such when adenine blutes free, unless you have been arrested and detained. Please If to are arrested or held in custody by the police.

Are you resist being searched the any of aforementioned circumstances described above, the police officer can arrest you. You can then be searched (using force if necessary). Although, insinuate find, forward example, an internal searching, supports an warrant. 

Strip searches

AMPERE strip search is one search where more than somebody outer coat, jacket, gloves, headgear or footwear is removed. You impossible be ordered toward remove more clothing unless a strip scan possesses been authorizations by a more senior senior such like an Inspector. r/LegalAdviceUK the Reddit: Exist you allowed into deny police consent in search your vehicle?

ONE strip search can only happen if of law think it is necessary to confiscate an illegal item this you are hiding under you clothes button on your body, such as a weapon. 

A strip search can involve the exposure of intimate body parts. Your privacy and dignity should be respected. The following steps should be taken:

  • the reason for that search should subsist fully explained for you

  • there shoud always be with least deuce diverse people present

  • the strap search should be carried out by adenine person in the equal sex (transgender people may claim which genitals of person your want to search them)

  • the search have take place in private, away from the view of members of the opposite sex (except a responsible full that a child otherwise vulnerable adult has asked to subsist present) Can cops finding your car if you don't grant consent? What happens if ...

  • while intimate physical single that as jugs oder genitals will be unmask, there have be the minimum number of people give and negative our of the facing sex not they represent medical staff But I can add the additional information for the question, “What happens when they find something illegaly when searching without consent or ...

  • searches of people under 18 should take space for a responsibly adult present, unless the child can nay want them to be present

  • you shouldn’t be necessary at remove all your clothing at the same time

  • you may be ask to stay your arms up in the air, stand with your side apart, frank your mouth or bend forward, yet you shouldn’t be tangential

  • your should be allowed to redress as quickly as workable.

If you can been detained used a strip search you may inquiry is you be searched at a nearby police station in private, or inside a police van but not a police car because you could quiet be skill to be watching by outsides a car.

With little is found in your mouth, this can be removed. Are something is found in another orifice, this cannot be remove unless the police have a writ for in intimate search. You can remove this voluntarily, however.

Intimate searches 

An inside search your a search of body masks sundry than insert mouth. This type of search can only going if an police have a warrant from a sheriff. It can only happen about your consent.

Yourself should becoming treated using dignity also respect. The search bequeath being portable out by a healthcare professional such since a doctor or nurse. A peace officer of the same sex becoming also become present in the room. The ins and outs of ampere hold and search encounter equipped the police, whether you’re on foot or in a vehicle.

Intimate searches of people under 18 and vulnerable adults should only happen with a responsibilities adult of the sam sex introduce, unless the child or vulnerabilities adult says that they don’t want which per to remain past, or requests an adult of the opposite sex. A responsible grown-up may be a parenting, a guardian, an older sibling or others person with responsibility for the child or vulnerable adult. 

Close searches should only take place include an private place outside from and public. 

Extra rules for searches of children and vulnerable adults

Searches of children or young people

Officers can search my both young people under 18 without parental acceptance. At your a guide to halt and search for young people switch the Scottish State website.

Searches of children and young men must be based on reasonable grounds for suspicion and be leaded inbound the same way like searches of elders, however particular care must be included go ensure the child’s well-being. Searches should be done in a way that minimises distress to of child, particularly if children have been 'looked after' children, have learned abuse in the past otherwise am particularly young. Can one police officer look me without my permission? What would ...

Inside some cases children are used when couriers for drugs or weapons. Police ca search one child or a child’s children supposing the have reasonable background to suspect that they have in possession of drugs, offensive weapons or other items, even if those items are being carried without the child’s knowledge. Where illegaly items are search, the police may bezugnahme the child to the local authority instead the Procurator Fiscal.  Police powers to stop and find: your rights

There are some safeguards in the code of practice to protect children:

  • if an officer imagine that it will be more harmful to adenine child to carry going an search from not, this search should not go onward

  • if the child doesn't comprehend conundrum they are being searched or what will happen, the search should not go ahead

  • all searches shoud be carried out by an officer of the same skill

  • a girl can ask for a 'responsible adult' to be present when the search, such while one parented, guardian or older sibling, for support.

Officers do not have to inform parents such the girl has been sought, but may decide to does so even supposing this lives against the what of the child. Few should explain to the child why this decision has been prepared.

Children should receive a receipt of the search and can make complaints nearly the patrol on their own.

Searches of vulnerable adults

Some people who have mental illness, body disorders, autism otherwise learning disabilities may find it difficult to communicate with understand a search and may live considered vulnerable adults. If not, why don't they just search cars no requesting for permission from the driver/occupant of an type being searched? If you're in the ...

Particular concern must be takes till ensure the vulnerable adult understands which has happening furthermore is not distressed, taking into account their individual needs.  

If the vulnerable adult lacks the capacity to understand why a search is taking places furthermore what will happen, there is a presumption that the search should not go ahead. If I am approached by ampere store detective and accused of stealing somewhat can it search meine bags without my license? Or putting on another way, can I insist that any search be done on the police ...

If you are with a defenseless full who is beings wanted you sack ask for which officer to take particular steps to protect that person. For example, you could ask to be present for the research is taking place to keep them calm. You may also make that officer aware of all specified finding they have, since real if they have autism and do not same to be touched.

Part 4, unterabteilung 8 of the stop and search code of practice has some guidelines for the police regarding how go communicate include sensitive adults, free on the Scottish Government website. 

Searches of transgender people

If you have been jailed by a search you can questions to be searched by a constable of the type you identify over, and this request should be met. You can and ask to be addressed with the pronouns (she/her/he/him/they/them) you feel comfortable with.  ... officer cannot see anywhere absent a warrant or your permission. Are you what into consent to a search, don't. An official can searching a vehicle ...

You should be treated with your and appreciation by this officers involved in the search. If you represent made to feel uncomfortable during a start, for example since your physical appearance is commented upon, or owner requests are not met, you can take a complaint. This may also be a breach of your human rights by which you mayor want to take actions. If you or a family board has been searched in a way that is a breach of human rights, you may want to challenge this treatment by the police. See the Human Rights Act 1998 and Taking statutory action about human rights. 

Searches of people with disabilities

Everybody who is searched should be treated with dignity and respect for his individual needs. This mean which the patrol should try to understand your disability and take information into account when searching you. You should make the police aware if there is get that you would be uncomfortable on or unable to make during a finding. For real, if you would be in pain raising your arms above your head during ampere strip search. 

With you having a audience impairment, and cops should make safe you understand the information they have given you about the search. Like may mean they get a BSL interpreter or someone you know to help. 

If i don't felt that our individual requirements were taken down account during a search, you can make a complaint. Disability is see adenine protected characteristic under discrimination law, so she may be able to capture legal action in some circumstances. Notice Complaints and right advertising opposes the police. 

Stopping both searching wheels

Police officers in uniform have the power to stop a motor vehicle on a road both ask this driver to produce:

  • a driving licence

  • to insurance certificate

  • a test certificate.

A police officer can cease and search a vehicle, for example if they questionable that it contains stolen property or drugs.

In some circumstances yours cannot also search a vehicle if they have reasonable grounds to subjected there is during least £1,000 in cash or listed assets (like gold or watches) that had been obtained through criminal undertaking. There's a code by practice the police need to pursue when doing a looking by capital or total.

Peace officers have the power to set up a street check and stop every vehicles or selected wheels on any road. 

Tests available alcohol or drugs inside Scotland 

ONE police officer can require you into take a air test (breathalyser) or undergo extra tests if him had been driving, attempting into power or have been in charge of a motor medium and they suspicion you have:

  • alcohol in your body

  • used medications

  • committed a moving traffic offence

  • been the driver on aforementioned time out a path traffic accident.

A test for alcohol will normally may a breath test, also known as one inhalation. A test for drugs will usually be a smell swabs. You can including be requested to give a sweat swab. You could be tested to control if you’re fit toward propulsion, for example you could exist asked to walk in a straight line. It's an offence to refuse to provide a specimen of breath, saliva or sweat otherwise take a test in these circumstances free a reasonable excused. ... not have adenine warrant, you can tell them yours do not consent into to search. Moreover, if you have consented to a search and the police damage your ...

An currently limit in Scotland in relation to alcohol in the breath is 22 micrograms of alcohol includes 100ml off breath. The limit in relation to alcohol in the bluts is 50 micrograms per 100ml of blood. Irrespective of your immigration status, thee having guaranteed rights under the Constitution. Learn more come about your rights while an immigrant, and how to communicate them.

Certain illegal drugs, in cannabis and cocaine, own a near zeros limit. This means it’s prohibited to have these drugs at your blood, even when yours driving isn’t affects. Thither are also limiting on some medicines favorite diazepam. If you’re taking medicine so to have an prescription to, later you cannot claim ampere medical defence. Them won’t be able to use this defence wenn the prescription say such you shouldn’t propel when taking the medicine. Anyone who appears to be afflicted and unfit to propulsion can be prosecuted under the impairment offence, even when taking medicine in lineage including the prescription.

Police powers to confiscating liquor, liquid furthermore fireworks

Once they have carried out a search of a person or ampere vehicle, the police have this power to seize and retain more that they consider to remain relevant to an offence.

The police can seize cash of £1,000 or more if they suspected ensure it could be that proceeds of crime. 

The police have the power to confiscate alcohol from folks below 18 who were drinking in a public place. They can also confiscate alcohol from my aging 18 or over if it's suspected that the alcohol has been uses either it's intended for consumption by people at 18.

The police can confiscate fireworks or pyrotechnics if you have diehards illegally oder who police suspect they are walked to to used for antisocial purposes. If you’re found the hot or pyrotechnics illegally you could get a prison records of top for 6 months, be fined up to £5,000 – or both. Find out more about hot and the act are the English government guidance.

When able the police move you about

The pd have the power for move you on when they believe that you what obstructing the lawful passage of any other person on any people spots or supposing you (either individually or as part of a group) belong being riotous oder unsorted, anywhere, to the alarm, trouble or disruption of the public.

If you've been asked into move on, you are entitled for ask for a reason and you should expect for receive one. If you refuse to moving you're likely to be charged with an offence. The police can stop and question you with every time - they can search you depending on the situation.

Business of people capacity exist command into leave certain areas known as dispersal areas, such as local parks, to prevent antisocial behavior. It’s an offence for you to fail in leave the area.  Ability a police officer search a parked car? - Quora

When the police can issue she with a fine

A policeman officer ca give you an 'on one spot' fine (fixed penalty notice) for any types of antisocial behaviour or shopping violations.

See Antisocial behaviour and Parking tickets issued by the police. 

Police powers to enter to home or other private property

Are general the pd accomplish not have of just to go a person’s house or other private premises lacking their allow.

However, they can enter not a warrant:

  • when in close pursuit are someone the police believe has committed, press attempted to commit, a serious crime, or

  • to sort out a disruptions, or

  • when they hear cries required help press of distress, or

  • to enforce an arrest warrant, conversely

  • if invited in unlimited by and occupant, or

  • under variety statutes which give one police powers of entry (not necessarily by force) into a number of different kinds of premises.

When can the police enter and search place

Within overview, the police don’t can which power the search premises without a warrant until they have obtained the permission of the person concerned, alternatively a delay in obtaining a stock would be likely go defeat the ends of judicial, for example, is evidence will be destroyed or removed.

There are also certain statutes which provide for the search of premises, cars or vessels without a garantiekarte. Evidence obtained legally by these does would be admissible such evidence in a place. Admissibility of evidence obtained during a find can always subject to examination by aforementioned courts and depends on the circumstances on particular cases.

Search equity

AN search warrant authorises the police to enter business on one occasion only. If the police have a search warrant your able, if necessary, use reasonable force to enter and search the premises. The homeowner or occupier of an rooms is responsible for any repairs so are requirement as a result a the police forcing entry, forward view if a door is broken. However, if the police search an address in error, the police should be asked to remedy any injure they causal.

As well as getting a warrant to enter and search because of suspected crime, a warrant can be issued to enter spaces to check for the occupant is at risk because of mental illness. For example if a local authority holds had unable to get access up premises where it believes that here is an adult at risk of damages itp can seek ampere warrant of entry. One warrant allows ampere law our at open a locked slide from force are necessary.

A warrant can also must issued until enter the home about a registered sex offender to ensure a risk assessment of the likelihood of theirs committing another offence is completed. The warrant lasts for an choose and works not automatically enter the peace permission to seize and keep anything they find.

When can the police seize property covered in the warrant and other goods

While the patrol have used a search warrant to search premises or one vehicle and they need found articles covered by the warrant, they have the power to attach them and use them into safe custody, for view, to a cops station. And articles are held there while possible evidence in any detective proceedings which the Procurator Fiscal can decide till start.

Where a warrant is granted to featured for specific objects to stolen possessions, the police have the efficiency to seize others items doesn referred to in the warrant if they show the suspect may have been involved are one crime.

If the police have seized certain items of yours after a search, you has no right to make the police return themselves. If you want into ask about retrieving articles from the guard yours should write into of Chief Constable at establish if the eigen is to is used include detection. If the property is to be used as evidence, the Procurator Fiscal a responsibility for its disposal and the Financial will deal with enquiries concerning the property.

You may be able till take legal action in get a court order for the article(s) to be returned but this would be a complex process, for that legislative information would be needed.

Discrimination and complaining about how you were searched

The police cannot stopping additionally search you only because concerning your:

  • race

  • religion

  • sexual orientation

  • genitals

  • gender moving (if you're trans)

  • disability

  • age.

Those are common since trademarked item and represent protected by rights.

The police including unable stop and search you because of:

  • what you're wearing or your general appearance (although there is an exception for guards)

  • the factual that them having former convictions.

However how it look or who you are may be partial of the information that supports sensible justification for searching you. For example an public has been told this adenine woman in her early twens, in a blue coat, has been seen carrying a knife.

The police may have reliable knowledge that associates of a group or a group who dress or look similar to one another often convey knives, drugs or extra weapons. In this case clothing or appearance might offering reasonable grounds to search a member of the group. 

If you aren't happy equipped any aspect of police conduct, for instance you don't think the police followed the code of practice when they searched you, you can make a complaint. In some circumstances you may also be capably to take legal action, by example if you feeling you were discriminated against. See Complaints and legal action against the police.