All police officers have the power to stop and search people and vehicles should they have reasonable grounds for suspicion that they are in the possession of illegal objects (including drugs and radioactive materials).
In accordance with Act 104, Law 5, police officers must not discriminate on the grounds of any of the reasons listed in Act 104, Law 5, when using the power of stop and search.
The intrusion on the liberty of the person stopped and searched must be as brief as is reasonably possible, and the search must take place at or near the location of the stop.
“Reasonable grounds for suspicion” may not be based on generalisations or stereotypical images of certain groups or categories of people as more likely to be involved in criminal activity. A person’s religion or ethnicity may not be considered as a reason to stop and search (unless explicitly given in a witness description of a suspected criminal).
“Reasonable grounds for suspicion” may be based on the behaviour of a person, e.g. a person obviously trying to hide something from a police officer may be carrying stolen or prohibited objects.
Where there is reliable information or intelligence that members of a group or gang habitually carry unlawful objects (e.g. illegal drugs) and wear a distinctive item of clothing or insignia to indicate their membership of that group or gang, that distinctive item of clothing or insignia may provide reasonable grounds to stop and search a person.
A police officer who has reasonable grounds for suspicion may detain the person concerned in order to carry out a search. Before carrying out a search the police officer may ask questions about the person’s behaviour or presence in circumstances which gave rise to the suspicion. As a result of questioning the detained person, the reasonable grounds for suspicion necessary to search that person may be confirmed, or, because of a satisfactory explanation, eliminated.
All stops and searches must be carried out with courtesy, consideration and respect for the person concerned. Every reasonable effort must be made to minimise the embarrassment that a person being searched may experience.
The co-operation of the person being searched must be sought in every case. A forcible search may be made only if it has been established that the person is unwilling to co-operate or if the person resists the search.
The length of time for which a person or vehicle may be detained to be searched must be reasonable and kept to a minimum.
Before any search of a person or vehicle takes place, the searching officer must inform the person being searched and/or in charge of the vehicle:
That they are being detained for the purposes of a search.
The police officer’s name and police station.
Why they are being searched.
In accordance with Act 49, Law 9, only an Inspector or a Detective Inspector may issue a search warrant. In extraordinary circumstances the Chief Inspector, Home Secretary and Prime Minister also have the power to issue search warrants.
All police officers have the power to search premises and seize and retain property found on premises, should they have a search warrant to do.
A search warrant is not needed to search premises if:
A suspected criminal is fleeing a police officer and hides inside the premises.
There are reasonable grounds to suspect that a crime will imminently take place inside the premises.
The owner of the property gives his/her consent (this cannot be withdrawn once the search begins).
A search warrant must state:
The time and date of the search.
The premises to be searched.
The persons and/or objects being searched for.
Why the premises is to be searched.
The authorising Inspector or Detective Inspector.
After a search, police officers may only retain property found on searched premises if:
It is an illegal object (e.g. radioactive material, illegal drugs)
It is evidence for a trial.
When a person is placed under arrest, the police officer must say to them the following:
“[You are under arrest/I am arresting you] [for crime/on suspicion of crime]. You [have the right to remain silent/do not have to say anything], but it may harm your defence if you do not mention anything that you later rely on in court. Anything that you do say may be used in evidence. Do you understand?”
If the person replies with a negative answer, or it is clear that the person doesn’t understand, then the police officer must say to them: “I’m a police officer. You are under arrest for the action constituting a crime (in simple language e.g. “hitting that person”). You don’t have to say anything. If you do say something, we could use it as evidence. Do you understand?”
If the reply is still negative, then the arrest will continue, and the person will be informed of their rights in whatever way possible later, at the police station.