Stop and search is a police power which, if used fairly and effectively, can play an important role in detecting and preventing crime – as well as the fight against terrorism.

Whilst the use of ‘stop and search’ undoubtedly has an important role to play in making our communities safer (and generally has broad support from most sections of society) it can also be a controversial area of police activity. It’s important, therefore, to know your rights if a police offer asks to search you.

What is a ‘stop and search’?

Police officers can stop and talk to you at any time. However, they should only search you if they suspect you are carrying:

• drugs
• weapons
• stolen property
• items which could be used to commit a crime
  

Why am I being searched?

If you are stopped and searched it doesn’t necessarily mean you have done something wrong. However, a police officer must have a good reason for stopping and searching you and should tell you what this is.

You should not be stopped and searched just because of your age, race, ethnic background, nationality, religion, faith, the way you look, the language you speak or because you have committed a crime in the past.

If you believe any of the above are the case you can complain (see ‘How can I complain?’ below).

Where can I be stopped and searched?

• in a public place
• anywhere - if the police believe you have committed a serious crime

If the police have reason to believe there may be serious violence they can search everyone in an area for weapons (near a football ground on a match day for example) without needing a good reason to search each person.

A police officer can stop a vehicle at any time and ask to see the driver’s licence. If the police have good reason to think your car contains stolen goods, drugs or weapons they could search it even if you are not there. However, if the police do this then they must leave a notice saying what they have done.

If the search causes damage you can ask for compensation – but only if the police didn’t find anything to connect you to a crime.

What happens?

The police officer must normally tell you:

• that you must wait to be searched
• what law they are using and your rights
• their name
• the station they work at
• why they chose you
• what they are looking for
• your right to be given a record of the search straight away

If the officer is not in uniform they must show you their identity card.

If you are in a public place you only have to take off your coat or jacket and your gloves. If the police ask you to take off more than this or anything you wear for religious reasons (such as a turban or face scarf for example) they must take you somewhere out of public view. This does not mean you are being arrested. In this situation the officer who searches you must be the same sex as you.

Your right to a written record

If you are searched the police must give you a written record of the search straight away unless they are called away in an emergency. You can also get a copy of the record from the police station any time within the next 12 months.

The police must write down:

• your name or a description of you
• your ethnic background
• why they searched you
• when and where they searched you
• what they were looking for and anything they found
• if they are taking any action
• the names and numbers of the officers who searched you

The police will ask for your name, address and date of birth. You do not have to give this if you don’t want to, unless the police say they are reporting you for an offence. If this is the case you could be arrested if you don’t tell them.

You will also be asked to say what your ethnic background is. You do not have to say what it is, but this information helps show if the police are stopping and searching people just because of their race or ethnicity.

What if I am stopped but not searched?

In most parts of the country if you are stopped, but not searched, you will not be given a written record.

How can I complain?

The police should treat you fairly and with respect. If you are unhappy with how you were treated you can complain.

If you feel you were treated differently because of your race, nationality or ethnic background you can complain of direct or indirect race discrimination. To do this it will help if you keep the record that the police gave you.

You can get advice from, or complain to:

• your local police station
• your local police authority
• a Citizen’s Advice Bureau
• your local Race Equality Council
• the Commission for Racial Equality
• a solicitor

For more information on Stop & Search visit The Home Office