Searches

Searches

The powers of the police and other authorities to obtain evidence by searches comes from a wide variety of sources.

The principal legislation that governs the powers to search is the Police and Criminal Evidence Act 1984 (PACE 1984) and the associated Codes of Practice.

Other relevant legislation includes the Criminal Justice and Public Order Act 1994 (CJPOA 1994) and in relation to terrorism offences, the Terrorism Act 2000 (TA 2000).

Search of persons

The police can always search a person with their consent. The power to search a person without their consent will depend on whether or not they have been arrested.

If a person has not been arrested, the general power of the police to stop and search is governed by PACE 1984, Pt I and the Codes of Practice.

The stop and search powers under PACE 1984 require an officer to have reasonable suspicion that they will find on a person (or in a vehicle) stolen goods, offensive weapons or bladed articles, or articles for use in certain offences under the Theft Act 1968 or to cause criminal

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