Stop and Search before Arrest

A person may be stopped and searched in a public place or in a place to which the public has access where

1. The officer reasonably suspects the person is in possession of
2. Stolen articles or
3. Prohibited articles

Searching the suspect after arrest: with the suspects consent or under s32 PACE where the officer:

• Has reasonable grounds for believing the suspect may present a danger to himself or others, or
• Has concealed anything on him he might use to escape from custody.
• Has concealed on him evidence which might be related to an offence.

Searching of Premises after Arrest

• Search with the suspects consent.
• Search with a warrant in connection with an indictable offence s8 PACE 1984.
• Search the premises at which the suspect is arrested s32 PACE 1984.
• Search premises owned/controlled by the suspect, s18 PACE 1984.
• Preserved powers of entry e.g. s23 Misuse of Drugs Act 1971.

Police Officer Arrest Without a Warrant

S24 PACE 1984 where a police officer has reasonable grounds for suspecting that the person:

• Is about to commit an offence or
• Is committing an offence or
• Has committed an offence and
• It is necessary to arrest the individual for any of the following reasons (s24 (5)):
• To enable the person name to be ascertained or has reasonable grounds for doubting the name given by the person.
• To enable the persons address to be ascertained.
• To prevent the person in question from causing injury to himself or another, causing loss or damage to property, committing an offence against public decency.

• To protect a child or vulnerable person from the person or
• To allow the prompt and effective investigation of the offence of the conduct of the person.
• To prevent the prosecution from being hindered by the disappearance of the person in question.

Checklist for a lawful Arrest

• There must be legal/factual grounds for the arrest (s24 PACE 1984).
• The person must be cautioned: “You do not have to say anything. But it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence".
• The person must be informed of the reason for his arrest.
• The person should be taken to a designated police station as soon as is reasonable practicable.