3.3 Core knowledge required to undertake a search and seizure

The majority of searches and seizures conducted by PCSOs are carried out under the powers provided by the Police Reform Act 2002. The Police Reform Act 2002 also provides provision for a PCSO to enter and search premises for the purposes of saving life and limb or preventing serious damage to property, as governed by Section 17 of PACE. However, as in all search scenarios, PCSOs must follow the same PACE guidelines undertaken by police officers.

Use of force

The use of force in policing is a very emotive subject. PCSOs do have the power to use reasonable force but only in certain circumstances.

If a person is lawfully detained by a PCSO who has been conferred with the power to detain, they are not under arrest. If that person is detained pending arrest by a constable and they refuse to remain with the PCSO, then the PCSO can use reasonable force to keep the person detained. If a PCSO has reasonable grounds to believe that the person has something on them that they could use to injure themselves or the PCSO, or which they can use to escape being detained, they can also be searched using reasonable force as provided for by Schedule 3C, Paragraph 11 of the Police Reform Act 2002. This can be tricky to communicate to a member of the public who may well never have had any dealings with the police. A firm grasp of the core knowledge will demonstrate a PCSO’s professionalism and that the search will be dealt with in a courteous, fair and legal manner.

Activity 2 is designed to give you an understanding of the practical application of stop and search powers and procedures.

Activity 2 Applying PCSO search and seizure powers operationally

Timing: Allow approximately 30 minutes.

Part A

Listen to Audio 1, which introduces the procedures associated with stop and search for officers, and search and seizure for PCSOs. You may find it helpful to take notes as you listen or to revisit any sections you do not understand. When you have finished listening to the audio, move on to the questions below.

Download this audio clip.Audio player: Audio 1 Stop and search procedures

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Transcript: Audio 1 Stop and search procedures

SPEAKER:

You’ll conduct many stop and searches during your career as an operational police officer.

It’s a power that regularly comes under scrutiny and criticism from the public and the media, so you need to fully understand the powers of stop and search, and how to use them, before undertaking a stop and search yourself.

Stop and search is a power to be used in public. You can use it on a street or a residential road, on common land such as a park or playing field or a car park.

You can also use it inside buildings to which the public have ready access, whether they have to pay to go in or not, such as a cinema, nightclub, pub, football ground, church or shop.

You can’t do a stop and search inside a private house or other dwelling, but you can search someone in the garden of a house if you believe that they don’t live there, and that they don’t have the permission of the person who lives in the house to be there.

The person being searched must stay with you for the duration of the search and you have a legal power to require them to do this.

The powers also allow you to search vehicles or anything in or on a vehicle.

As a police officer, to use these powers you can be in uniform or in plain, civilian clothes. But if you’re not in uniform, then you’ll need to show your warrant card to the person you intend to search.

End transcript: Audio 1 Stop and search procedures

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Audio 1 Stop and search procedures

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Select the answer for

Question 1a

here

• i.Barry is in a fashion clothing shop on the high street. He is seen by a member of the public putting a leather jacket from a display into his bag and leaves the shop without paying for it. The member of public points out Barry to a PCSO who is on patrol near the shop. The PCSO follows Barry along the high street and into the cinema that is just along the street from the shop. Barry does not buy a ticket but does walk into one of the screens where the PCSO stops him. The PCSO requests the person’s name and address and Barry refuses. The PCSO then waits for a police officer to attend to search Barry.

Can the police officer, when they arrive, search Barry even though members of the public should pay to go into the cinema?

Yes, the public do have access to the cinema even though they should really buy a ticket to get in.

Yes, but only if the person works there.

No, there is no right in law to stop and search someone in a privately run cinema, even if the public can buy a ticket to watch a film.

No, the cinema has to be free to get into to mean it is truly a public place.

 

a. 

Yes, the public do have access to the cinema even though they should really buy a ticket to get in.

b. 

Yes, but only if the person works there.

c. 

No, there is no right in law to stop and search someone in a privately run cinema, even if the public can buy a ticket to watch a film.

d. 

No, the cinema has to be free to get into to mean it is truly a public place.

The correct answer is a.

Discussion

Section 1(1)(a) of PACE states that a public place is any place where ‘the public or any section of the public has access, on payment or otherwise, as of right or by virtue of express or implied permission’ (Police and Criminal Evidence Act 1984).

Barry should have bought a ticket but didn’t. However, the police can still search him in the building, as it is usually open to the public and they have ready access.

Select the answer for

Question 1b

here

• ii.You are working as support in the town centre with plain clothes officers on a planned operation aimed at tackling an increase in scooter robberies in the area. The operation requires your police officer colleagues to wear plain, non-uniform clothes instead of their usual police uniform. One of your plain-clothes colleagues speaks to a female, who they suspect has a stolen mobile phone in her jacket pocket, and detains her for the purposes of a stop and search.

Does your colleague have to show her their warrant card?

No, as long as you tell her who you are.

No, there is no requirement for officers to identify themselves.

Yes, officers in plain clothes should show their warrant card to the person being searched.

Yes, but only because it is a specially planned operation.

 

a. 

No, as long as you tell her who you are.

b. 

No, there is no requirement for officers to identify themselves.

c. 

Yes, officers in plain clothes should show their warrant card to the person being searched.

d. 

Yes, but only because it is a specially planned operation.

The correct answer is c.

Discussion

If you are in plain clothes, then you should show your warrant card to the person being searched. It is not sufficient simply to tell them who you are or, worse still, not identify yourself at all. The fact that it is a planned operation has no impact upon a stop and search procedure.

PACE Code A (Section 3.8) states:

Before any search of a detained person or attended vehicle takes place the officer must take reasonable steps, if not in uniform (see paragraph 3.9), to show their warrant card to the person to be searched or in charge of the vehicle to be searched.

(Home Office, 2014)

Select the answer for

Question 1c

here

• iii.Can physical appearance alone be enough for an officer to form reasonable suspicion to stop and search someone?

Yes, if the officer knows people who look like that take part in crime.

Yes, if there is supporting information or intelligence that gives a description.

No, you can never use a person’s physical appearance to help you form reasonable suspicion.

No, protected characteristics such as age, gender, religion and race cannot be used to form reasonable suspicion.

 

a. 

Yes, if the officer knows people who look like that take part in crime.

b. 

Yes, if there is supporting information or intelligence that gives a description.

c. 

No, you can never use a person’s physical appearance to help you form reasonable suspicion.

d. 

No, protected characteristics such as age, gender, religion and race cannot be used to form reasonable suspicion.

The correct answer is b.

Discussion

Personal factors such as a person’s physical appearance alone can never be used to support reasonable suspicion. However, Section 2.2B of PACE Code A does state that it is permissible if ‘the police have information or intelligence which provides a description of a person’ carrying an article (Home Office, 2014).