Premium Essay

Police Powers

In:

Submitted By Rutabalt
Words 411
Pages 2
Describe the powers the police have to stop and search an individual on the street [18 marks]

The main powers to stop and search are set out in the Police and Criminal Evidence Act 1984. They are also set out in the Police Codes of Practice, which are supplemental to the legislation. Section 1 of PACE gives the police power to stop and search a person in a public place if they have reasonable suspicion that prohibited articles, stolen goods or articles made, adapted or intended for use are in their possession. Prohibited articles can include weapons and drugs. Prohibited articles are added to the Serious Organised Crime and Police Act 2005 (SOCPA).
The police officer must give his/her name, station and reason for the search and provide the suspect with a written report for the search. A failure to meet these requirements will render the search unlawful Osman v DPP (1999).
When searching a suspect, the officer can only request them to remove outer clothing. This is limited to coat, jacket and gloves. If a search is performed under the Terrorism Act 2000, then the suspect can be asked to remove their shoes and headgear.

Code of Practice A sets out the guidance for stop and search. Paragraph 2.2 states that the powers to stop and search must not be based on personal factors alone, such as age, race, clothing or previous conviction. They must be used fairly, with respect and without discrimination. The case of Castorina gives the meaning of reasonable suspicion; the question is would the facts lead an ordinary person to suspect? Reasonable force may be used to search a person who is uncooperative s.117 PACE 1984. If any prohibited articles are found, they may be seized under Section 1(6) PACE until conclusion of the matter. Section 4 of PACE 1984 allows an officer to search a vehicle.

Other powers which give the police power to stop and search are; the power

Similar Documents

Premium Essay

Police Abuse of Power

...Police Abuse of Power Abstract This paper will focus on the idea of police abuse of power. It discusses the problem with police abusing power and how it leads to the distrust of people today. It will explore why it is an issue and what can be done to prevent it. An officer started at a job in a new town. After a few months on the job, they noticed a misuse of the authority the police embodied in a couple ways. The ways authority was misused compounded on top of each other making the department enormously corrupt. The officer saw that this was not a good thing, but doesn’t want to speak out because of the subculture and the risk of loosing their job. The new officer wanted to be an ethical leader and demonstrate courage but was at an impasse of uncertainty to keep their job. In today’s society, abuse of police power can be seen. From accepting small bribes to an unnecessary shooting, corruption is everywhere. Abuse of power is defined as the improper use of authority by someone who has that authority because of the office they hold ( Abuse of power West's Encyclopedia of American Law, edition 2). The problem with the abuse of power is it leads to corruption within the justice system. For example, an abuse of power would be when an officer is threatening a suspect with an impractical punishment and is forcing a confession for something they did not do. This corruption doesn’t allow for the right to a fair trial. By abusing the system the officer can doctor...

Words: 1260 - Pages: 6

Premium Essay

Unit 17 Police Powers (D1)

...Unit 17-Police Powers (P3,D1) The police have powers to stop and question a person at any time, as well as search a person depending on the situation that has been bought forth. In cases where you are being stopped by a police community support officer, they are required to be in full uniform in order to have the right to stop and question someone. Higher ranked police officers don’t always need to be fully uniformed in search cases, however, a warrant card must always be shown when searching in order to justify the situation. A police officer has the right as an individual to ask any being to take off contents such as their coat, jacket or even gloves. Additionally, they are also able to ask suspects to take off other items of clothing and even items worn for religious reasons such as head-scarves or turbans. If this is the case, officers must fairly take those in question to an area away from surrounding members of the public. If the officer wants to remove more items of clothing, they must be the same sex as the person they are searching....

Words: 949 - Pages: 4

Premium Essay

Police Powers (2)

...The Impact of Media on Fear of Crime among University Students: A Cross-National Comparison Article Summary This article comparatively examines the impact of media on fear of crime among university students in United States and Canada. Survey Data based on samples of university students has been used to study the relationship between media and fear of crime. The fear of crime refers to the fear of being a victim of crime as opposed to the actual probability of being a victim of crime (Hale C., 1996).Behaviors induced by fear include avoidance , movement restrictions and constraints on socialization. Fear of crime has three dimensions: * Cognitive (Focuses on citizens ’estimation of their likelihood of victimization; * Behavioral (which focuses on how people respond to fear of perceived risk of victimization) * Emotional (which focuses on individuals’ feelings about crime) A different approach towards understanding fear of crime includes vulnerability (i.e. Ability of the individual to escape or defend himself/herself from an attacker). However, several researchers argue that fear of crime is a distinctly affective – thus emotional – and physiologic response to perceived danger (Ferraro 1995; Warr 2000). Studies suggest that fear levels have not changed among citizens of both the countries despite decreases in crime rates. It is assumed that increased levels of fear are the result of individuals’ perception about his/her vulnerability to crime which can...

Words: 2134 - Pages: 9

Premium Essay

Street Fight

...seeking for leadership, however in different community. In consequence, leadership they gained was different from each other in all three aspects; importance, scarcity. Power of influence was also used by both candidate. Those are, reward, coercive, legitimate and referent power. Leadership Importance For Booker, he was important to people, especially those who living in poor areas, because the changes he going to make can alter their standard of living. In the other hand, James also has a group that recognize him as important. Those are business owners who earning benefit by his urban area development. Development of new business and redevelopment of old area will revitalize their new business, and James was the Mayor who supported it. In consequences, Booker earned the dependency from people by giving them future expectation, while James giving his supporter actual tangible benefits. Scarcity During the mayoral race James created the sense of low substitutability of himself. He appealed he is the only one who can provide “experienced leadership”. Since he has a longest assumption as a state mayor, his experience is irreplaceable by new candidates. This was the key issue in the first election, because Booker was new to voters and there was no previous achievement he could for appeal. Influence power Reward power Xiaowei Brian Liu 2/20/2014  Sense of reward was one of the key issue trough out the election. Both James and Booker distributed many food and goods during gathering...

Words: 598 - Pages: 3

Premium Essay

Take the Job or Not

...some local businesses will be fading and some people may lose their job. 1. Matt and his family The Supermarket company wants to open their business in Centerville and offer Matt Hollis a great position in this coming plan. He and his family will get financial benefits, and his children need a large number money to achieve their academic goals, so this offer would be just in time for his family. However, if he takes this opportunity his family business which had been handed over from his great grandparents will be fading or end up in his hands. According to this situation, the opening of the Centerville Supermarket will give his family many financial and career benefits, besides that, Matt’s decision is also very important, so the power of him and his family in this case are financial and voting. 2. The Community of Centerville There are two kinds interests of this stakeholder. First of all, the people will get their shopping easier than before and also in a better quality, because the Supermarket company is better at goods delivery and products storing than those local small ones. Second, as the potential fading of the local business, some kinds...

Words: 946 - Pages: 4

Free Essay

5 Sources of Power

...discussing power, next week rights, and in two weeks interests. Positional Power * This type of power is the kind that people have because of the position that they hold (police officer, supervisor, manager, parent…). This person has a certain power over another person by virtue of the authority given to the position he/she holds. * One’s response to this type of power is not so much to the person as it is to the position. * This kind of power may be created by legislation (as with the police) or by contract (such as an employment contract). Personality Power * This type of power comes from a person’s personality. Included in this type of power are such traits as charisma, skills and abilities, expertise, attractiveness, likability, persuasiveness… * While personality power can be used well and positively, an unhealthy extreme form of personality power is bullying. A person with a reputation as a bully need not always display bullying behaviour, as the individual’s reputation can be enough to lead others to endorse the power and do as the bully wishes. Identity Power * A person’s “location” in various identity hierarchies also provides power resources. We receive identity power by virtue of our gender, race, ethnicity, sexuality, social class, age, level of education, etc. * This form of power can be subtle or overt. Because this form of power is often embedded into our societal structure, we may not always recognize when this form of power is asserting...

Words: 651 - Pages: 3

Premium Essay

The Black Panther Party: Music's Influence On Social Movements

...Music has the power to inspire, like literature and speech, like all forms of media. Music is a powerful tool that has been used to inspire and incite social movements as it has a massive influence on the ideas and viewpoints of others. Music has been used to foster success and expand the influence of social movements, one of these movements, the Black Panther Party utilized media, especially music to promote and propagate for their cause. The Black Panther Party surfaced in the 1960’s in response to a variety of issues threatening and affecting the African-American community such as police brutality, poverty, and lack of education. The Black Panther Party recognized the need and want for a militant party to press for change. The Black Panther...

Words: 1096 - Pages: 5

Free Essay

Short Story Gr. 10

...native who lived with his parents just down the street from the camp. I had fun and made friends. Before I go farther into the story I need to explain to you some things about the camp. Back in the days before the camp was built a small river ran through the property. This river powered a wheat mill that was used to grind wheat for natives in the surrounding area. As the number of natives decreased so did the need for the flour mill. It was soon abandon and left to rot. But then some entrepreneurs came along and say the land had potential for being a summer camp. So they dug a manmade lake, built some cabins and activate centers and converted the wheat mill into a power source. They built a reservoir to increase water flow and increase the amount of electricity that could be produced. When they needed power they simply opened a water gate and let the water and the old mill do the rest. Due to the increase of water flow the river began to flood its banks in low lying areas further downstream. One of these low lying areas was the property of Bob Smith. He immediately complained to the owners of the camp but the owners said that nothing could be done to help him. That brings us back to current time in which the property owner, Bob, was at the front gate of the camp shouting at the...

Words: 1188 - Pages: 5

Premium Essay

Gattaca Lord Of The Flies Comparison Essay

...Gattaca and Lord of the Flies Comparison Essay By: Lauren Cody Gattaca and The Lord of the Flies have many overlapping themes like the loss of individuality or the abuse of power. The loss of individuality is shown through Jack and his tribe wearing their masks and hiding behind them when they hunt and run wild throughout the island. In Gattaca individuality is taken from people because their parents choose their children's genes before they are even born and individuals are grouped into genetically modified and invalids. The abuse of power is shown through Jacks power hungry nature while taking over island. In relation to Gattaca, business owners, the police, and the government all feel that they have the right to see your genes and judge...

Words: 711 - Pages: 3

Free Essay

Power

...Power Jedidiah Houser Harding University Abstract This paper is on the topic of Power. The paper starts with an overview of my observations about power and establishes the uses of legitimate, reward, expert, referent, and coercive power. This paper uses examples and observations from my life as well as from selected sources of reading to define the types of power discussed. In reading this you should obtain a base understanding of the above listed powers and their shaping ability, characteristics and uses as found in our daily lives as well as in the workplace. Power Power What a word. Its meanings, uses, connotations, actions, repercussions, influence, and voids can be seen or at least rationalized into every aspect of our psychology, our being, our planet, our solar system, our universe. How far does power go? Is it simply in a state of yin and yang in every facet of our lives, only to become more influential when we choose to be aware of it and harness its potential? How do we perceive, understand and use power? How do we measure others use of power and the impact it has in our lives? Power in all its forms, shape, sizes and degrees can be observed affecting and influencing us since the day we were born. Everyone’s first experience was with the power of gravity, gravity kicks in and plop there we are. From that point on we are all exposed to a multitude of degrees and forms of power, shaping and molding us all along the way. For me personally, I remember very...

Words: 1223 - Pages: 5

Free Essay

A Review on Power Bases Application to Sri Lanka’s Context

...A review on Power Bases application to Sri Lanka’s context Introduction This paper is based on Organizational Behaviour module and the topic considered for the paper is a review on Power, Politics, and Influence application to Sri Lanka’s current issues by Shamindra Hettiarachchi. The initial chapter of the paper discusses, what is all about Power, Politics, and Influence, the reasons why power required and the power dependency module. Then the other chapter briefly describe power typology, such as Power as decision making, by Steven Lukes,1974, Power as knowledge, by Michel Foucault, 1980, Powershift, by Alvin Toffler, 1990 and the Power bases, by Raven, 2008. Out of all the power typologies Bertram Raven (2008) power bases are discussed in detail with their current issues to Sri Lankan’s context. They are, Legitimate Power, which is the power a person receives as a result of his or her position in the formal hierarchy of an organization, Reward Power, which is compliance achieved based on the ability to distribute rewards that others view as valuable, Coercive Power, which is the power base that is depend on fear, Expert Power, which is influence based on special skills or knowledge, Referent Power, which is influence based on possession by an individual of desirable resources or personal traits, Informational Power, which is influence based on the information an individual control. Each power base is described briefly and discussed in detail to the...

Words: 3583 - Pages: 15

Free Essay

Power

...Influence is the essence of leadership. To be effective as a leader, it is necessary to influence people to carry out requests, support proposals, and implement decisions. Power- The concept of "power" is useful for understanding how people are able to influence each other in organizations. Power involves the capacity of one party (the "agent") to influence another party (the "target"). Authority involves the rights, obligations, and duties associated with particular positions in an organization or social system. A leader with direct authority over a target person has the right to make requests consistent with this authority, and the target person has the duty to obey. Outcomes of Influence Attempts One useful basis for evaluating the success of an influence attempt is whether the immediate outcome is what the agent intended. Commitment -The term commitment describes an outcome in which the target person internally agrees with a decision or request from the agent and makes a great effort to carry out the request or implement the decision effectively. Compliance- The term compliance describes an outcome in which the target is willing to do what the agent asks but will make only a minimal effort. Resistance- The term resistance describes an outcome in which the target person is opposed to the proposal or request, and actively tries to avoid carrying it out. Influence Processes The explanation for the influence of one person on another involves the motives and perceptions...

Words: 1340 - Pages: 6

Premium Essay

P1 Unit 4 L3 Ups

...Authority, as with discipline, can have different meanings, and the meaning of “authority” is dependent upon the context in which used for. For example: * The power or enforce obedience * Delegated power * A person whose opinion is accepted because of expertise. The independent police complaints commission The IPCC was formed in 2004 as a result of the police reform act 2002. It replaced the police complaints authority as the independent body to oversee completes, against the police in 43 police services in England and wales. It currently comprises 15 commissioners, who are appointed by the home sectary for a period of 5 years, and a team of independent investigators. Each team of investigators is headed by a regional director in each of its four regions, covering England and wales. The IPCC carries out investigations into serious allegations of misconduct by serving police person. These include allegations of: * Serious or organised corruption * Against senior officers * Involving racism * Of perverting the course of justice. HM chief inspector of prisons Her majesty’s chief inspector of prisons is another independent body which reports to the sectary of state for the ministry of justice on the condition and treatment of prisoners in England and wales. Its authority is given under section 5A of the prisons act 1952 and by section 57 of the criminal justice act 1982. The inspectorate is appointed by the home salutary for a period of 5 years...

Words: 1688 - Pages: 7

Premium Essay

A State’s Right of Taking Under Eminent Domain or Police Powers

...FIR 4310 23 April 2015 Essay Assignment A State’s Right of Taking Under Eminent Domain or Police Powers Johnny Appleseed’s 356 acre fruit orchard was flooded and, as a result, he lost his crop for that year in addition to fruit trees that were damaged beyond repair. The government released water from a damaged dam to prevent it from catastrophically flooding a valley below. The question is was this a taking under the state’s right of eminent domain, therefore requiring compensation, or a taking under the state’s police powers, therefore no compensation is required. In my opinion, the damage to Johnny’s fruit orchard is a taking under the state’s police powers; therefore no compensation is required. A “taking” defines as “to acquire possession or control of something” (Herman). However, the practice of eminent domain do not provide a clear context of taking, thus American courts put it into three categories: per se takings, regulatory takings, and exactions. Johnny’s case could be under the regulatory takings category. “Regulatory takings demand a fact-intensive, multi-factored inquiry into whether the governmental action amounts to an unreasonable interference with one’s private land rights, as to trigger the takings clause” (Herman). But first, I want to define what police powers and eminent domain are. According to Encyclopedia Britannica, police power is “in U.S. constitutional law, the permissible scope of federal or state legislation so far as it...

Words: 768 - Pages: 4

Premium Essay

Organizational Behavior

...Managerial Authority: Is It Abused or Justified? GM591 – Leadership & Organizational Behavior Managers are responsible for taking the necessary steps to provide a work environment that is free from harassment and discord and for effectively communicating individual expectations to all employees under their supervision. This reinforces the responsibility of management to foster a work environment in which employees can thrive and work together harmoniously. I was hired by Noble Investment LLC as a conflict negotiator to address the complaints that have been initiated by current and former employees in regards to unfair treatment of certain employees by a particular upper-level manager. The manager has allegedly written up and terminated employees with whom she perceives as a threat to her position because of their level of education. Before my arrival, every employee, including the complainants, were asked to complete a questionnaire regarding their with the organization’s structure and culture. They were asked to answer questions such as: their level of experience and education, their feelings about the work environment, improvements that should be made, their overall view of management including fairness and effectiveness, and what they would like to see come out of this negotiating process. I then anonymously compiled the results and shared them with the Director of Human Resources and the manager in question. The results indicated that there was some possible disparity...

Words: 4221 - Pages: 17