Being stopped and searched by the police can be an unsettling experience. You may be unsure why you have been stopped, whether the officer is actually entitled to search you, or what you are expected to do. Even where you have done nothing wrong, having an officer search your clothing or belongings in a public place can feel intrusive and, understandably, you may want to know whether the police have acted within their powers.
It is important to remember that the police have significant powers to stop and search people, but those powers are not unlimited. There are legal rules governing when a search can take place, what the officer must tell you, how the search should be carried out and how long you can be detained. Understanding those rules can make a significant difference. A lawful stop and search is not the same as an unlawful one, and being searched does not, by itself, mean that you have committed an offence or that you are under arrest.
This article explains the main rules that apply in England and Wales and what you should know if you are stopped and searched by the police.
What is a stop and search?
A stop and search is a police power allowing an officer to stop and detain a person, or in some circumstances a vehicle, in order to search for specified articles. There is an important distinction between being stopped and being searched, because the police do not automatically acquire a power to search simply because they have approached or spoken to you.
Police officers can speak to members of the public without necessarily exercising a formal stop and search power. They may ask questions about who you are, where you are going or what you are doing. In general, you do not have to answer such questions simply because an officer has asked them. A search is different: if the police are exercising a statutory stop and search power, there must be a legal basis for doing so.
When can the police stop and search you?
There is no single stop and search power. Different legislation gives the police different powers to search for different things and under different circumstances. One of the principal powers is section 1 of the Police and Criminal Evidence Act 1984 (PACE). Where its statutory requirements are satisfied, this allows an officer to search a person or vehicle for certain stolen or prohibited articles. Other legislation provides specific powers to search for controlled drugs, weapons and other items.
The important point is that the officer must be exercising an actual legal power that permits the search in the circumstances. For searches requiring reasonable suspicion, the officer must have a genuine suspicion that the relevant item will be found and there must also be an objective basis for that suspicion. PACE Code A describes this as a two-stage test: the officer must genuinely suspect that the item will be found, and that suspicion must be reasonable when assessed against the facts, information or intelligence available.
This does not mean that the police need to prove that you are carrying something before searching you. A stop and search is an investigative power, so the question is whether the legal test for the particular search has been met. The police are not required to know that an item is present before searching for it; they must instead have the level of suspicion required by the particular statutory power.
What does “reasonable suspicion” actually mean?
This is one of the most important aspects of stop and search law. Reasonable suspicion is more than a feeling or a hunch. The officer should be able to explain why, in the circumstances, they suspected that they would find the particular item for which they were searching. The suspicion might arise from information or intelligence received by the police, or it might arise from particular behaviour or circumstances which, taken together, provide an objective basis for the suspicion.
The suspicion must also relate to what the officer is legally entitled to search for. An officer cannot use a stop and search power simply as a general investigation into whether someone might have committed an offence. Similarly, a person’s appearance, the fact that they are known to the police, or previous convictions cannot by themselves provide reasonable grounds for a search. PACE Code A specifically prevents factors such as physical appearance, protected characteristics and previous convictions from being used as the basis for reasonable suspicion, subject to the limited situation where relevant intelligence or a description identifies a person by a particular characteristic.
In practical terms, this means that two people behaving in exactly the same way should not be treated differently simply because of their background or appearance. There must be a genuine and objectively reasonable connection between the circumstances and the particular item the officer suspects will be found.
Can the police search you without reasonable suspicion?
Sometimes, yes – but only where a specific statutory power allows it. There are circumstances in which legislation permits suspicionless stop and search, meaning that an individual officer does not need to establish reasonable suspicion about the particular person being searched. One example is section 60 of the Criminal Justice and Public Order Act 1994, which can allow searches within an authorised area in circumstances involving anticipated serious violence, weapons or dangerous instruments. The Public Order Act 2023 also introduced additional powers in relation to certain protest-related offences.
These are not general powers allowing the police to search anyone, anywhere, whenever they wish. They operate subject to specific statutory conditions and authorisations. The fact that an officer does not appear to have reasonable suspicion therefore does not automatically make a search unlawful; the question is whether the officer was relying on a different power and whether the statutory requirements for that power had been satisfied.
This is an important distinction because different stop and search powers have different requirements. If you are concerned about the legality of a search, it may therefore be necessary to establish precisely which power the officer was using, rather than simply asking whether the officer had reasonable suspicion.
What should the police tell you before searching you?
Before carrying out a search, the officer must provide information about the basis for the search. This includes the officer’s identity and station, the legal power being used, what they are looking for and, where the power requires reasonable suspicion, the grounds for that suspicion. You should also be told about the recording of the search and how you can obtain a record of it.
The explanation of the grounds should be sufficiently detailed to allow a reasonable person to understand why the officer considered the search justified. The College of Policing guidance makes clear that this does not require an unnecessarily lengthy explanation, but the grounds should be meaningful rather than vague. Simply being told that you “look suspicious”, without more, would not adequately explain the objective basis for a reasonable-suspicion search.
The way in which an officer explains the search can therefore be important, particularly if the legality of the search is subsequently questioned. If you are given an explanation at the time, it is sensible to remember or make a note of what was said as soon as possible afterwards.
Do I have to agree to the search?
If the police are lawfully exercising a stop and search power, you do not have to consent to the search for it to take place. A lawful search power gives the police the authority to detain you for the purpose of carrying out the search, so simply saying that you do not consent does not prevent the search from taking place.
That does not mean that the police can search without legal authority. If the statutory requirements for the search have not been met, a person’s refusal to consent does not create those powers retrospectively. There is also an important distinction between consenting to something and being required to comply with a lawful statutory power: in a genuine stop and search, the issue is normally whether the officer has the legal authority to conduct the search, rather than whether you have agreed to it.
You should remain calm and avoid physically resisting. If you believe the search was unlawful, the appropriate course is generally to challenge the legality afterwards rather than attempting to prevent the officer from carrying it out.
Can the police use force?
The police can use reasonable force where necessary to carry out a lawful search or to detain someone for that purpose. However, force should not simply be treated as an automatic consequence of a stop and search. PACE Code A states that officers should seek the person’s cooperation and that a forcible search may be undertaken where the person is unwilling to cooperate or resists. Reasonable force may be used where necessary, and the length of detention should be reasonable and kept to a minimum, with the extent of the search proportionate to what the officer suspects the person is carrying.
In practical terms, you should not physically resist a lawful search. If force was used in circumstances where it was unnecessary or disproportionate, however, that may be something which can subsequently be examined. The circumstances leading to the use of force, what the officer was attempting to do, the level of resistance and the nature and extent of the force used may all be relevant.
Can the police remove my clothing?
There are additional safeguards where a search involves removing clothing. An officer may ask you to remove an outer coat, jacket, footwear or gloves during a search in a public place. If a more thorough search is required, involving the removal of more than an outer coat, jacket, gloves, headgear or footwear, it must be carried out of public view and is subject to additional requirements concerning privacy and the sex of the officer carrying out the search.
The more intrusive the search, the greater the safeguards that apply. Searches involving exposure of intimate body parts are subject to particularly strict requirements, including safeguards for children and vulnerable adults. If a search goes beyond an ordinary search of your clothing or possessions, the legal requirements governing what the police can do become especially important.
What happens after a stop and search?
If the search does not uncover anything and there is no other lawful reason to detain you, the encounter should normally come to an end. The fact that you have been searched does not mean that you have been arrested. A stop and search is an investigative power and is separate from the power of arrest.
If the police find an item which gives them grounds to investigate an offence, however, the situation may develop further. Depending on the circumstances, this could lead to questioning, seizure of property, further investigation or arrest. An arrest is subject to its own legal requirements, including the requirement that the arrest is necessary in the circumstances.
It is therefore possible for a stop and search to be the end of the matter, but it can also be the first stage of a wider criminal investigation. What happens next will depend on what the police find and the circumstances in which the search was conducted.
Does being stopped and searched mean I have done something wrong?
No. A person can be lawfully stopped and searched without having committed an offence. The purpose of a search requiring reasonable suspicion is generally to establish whether the relevant item is present; the officer does not necessarily need to suspect that the person has committed an offence involving that item.
This is an important distinction. Being searched is not, in itself, evidence that you are guilty of a crime. At the same time, a lawful search is not something that you can simply walk away from. Where the police have a lawful power to detain you for the purpose of a search, you can be prevented from leaving while that search is carried out.
What if I believe the search was unlawful?
A stop and search can potentially be challenged where the police did not have the necessary legal power, failed to satisfy the relevant requirements, or exercised the power improperly. Questions may arise about whether the officer had reasonable grounds for suspicion, whether the suspicion related to the particular item being searched for, whether a valid search power was being used, whether the officer properly explained the grounds, or whether the search was carried out proportionately.
The manner in which the search was conducted can also be relevant. For example, unnecessary or excessive force, an unnecessarily intrusive search, or a failure to comply with the applicable procedural requirements may all warrant examination. The circumstances of the particular search will determine whether any failure actually amounts to unlawfulness and what consequences may follow.
An unlawful search does not automatically mean that any evidence discovered will be excluded from a subsequent criminal trial. The consequences depend on the circumstances and the wider criminal proceedings. If the search forms part of a criminal investigation, it is therefore important to obtain legal advice before making assumptions about what the search means for the case.
What should you do if you are stopped and searched?
The safest approach is to remain calm and avoid confrontation. You can ask the officer why you are being searched and what they are looking for, and you should not physically resist a lawful search. If you are unsure about what you are being told, you can ask the officer to explain the grounds again.
If you believe the search was improper, make a note of what happened as soon as possible afterwards. This can include the time and location, what the officer said, what they searched for, whether body-worn video was being used, whether force was involved and the names or details of any witnesses. You are entitled to a record of the search, and you can make a complaint if you are unhappy with how you were treated.
Where the search has resulted in an arrest, the discovery of drugs or weapons, or another criminal investigation, obtaining legal advice promptly can be particularly important. What happened during the search may form part of the evidence or may become relevant to the way in which the subsequent investigation or prosecution is handled.
Frequently Asked Questions
Can the police stop and search me without a reason?
They cannot simply search you because they feel like doing so. There must be a lawful power permitting the search. Many common stop and search powers require reasonable suspicion, while certain statutory powers permit searches without individual reasonable suspicion when their specific conditions have been met.
Can I refuse to answer questions?
If an officer is simply stopping and questioning you, you do not generally have to answer their questions, and refusing to answer does not by itself create reasonable grounds for a search or arrest. There are, however, circumstances where separate legal powers may apply, so the precise circumstances matter.
Can I walk away from a stop and search?
If the police are lawfully detaining you to carry out a stop and search, you cannot simply walk away. If there is no lawful power to detain you, the position is different. If you are unsure whether you are being detained, you can ask the officer whether you are free to leave.
Do I have to give the police my name and address?
There is no general requirement to provide your name and address merely because you have been stopped and searched. However, separate legal requirements can apply in particular circumstances, so the answer may depend on what is happening and which police power is being exercised.
Can the police search my phone during a stop and search?
A normal stop and search power does not give the police an unrestricted power to examine everything on a person’s phone. Accessing information held on a device can engage different legal powers and considerations. If your phone has been seized or the police are seeking access to its contents, legal advice may be appropriate.
Can I record the police during a stop and search?
Recording a police encounter in a public place is not, by itself, generally prohibited. You should nevertheless avoid obstructing or interfering with the officer’s duties. If you are recording the encounter, it is sensible to do so without physically getting in the officer’s way.
Does a stop and search mean I am under arrest?
No. A stop and search and an arrest are separate police powers. You may be searched and then allowed to leave without being arrested.
Can I complain about a stop and search?
Yes. If you are unhappy with how you were treated, you can make a complaint to the relevant police force. Depending on the nature of the complaint, it may be dealt with by the force or referred to the Independent Office for Police Conduct (IOPC).
What happens if the police find drugs or a weapon?
The discovery of drugs, a weapon or another suspected prohibited item can lead to further investigation and potentially arrest. The consequences will depend on what has been found, the circumstances of the search and the evidence available. If you are arrested or questioned as part of a criminal investigation, you should seek legal advice as soon as possible.
How Empire Law Can Help
Being stopped and searched can leave you with more questions than answers, particularly where the encounter has resulted in an arrest or the discovery of something the police believe to be evidence of an offence. It can be difficult to know whether the police acted within their powers, particularly when events happened quickly and you were not given a detailed explanation at the time.
At Empire Law, we understand that the circumstances surrounding a police encounter can be important. The legality of a search, the grounds relied upon by the officer and the way in which the search was conducted can all become relevant to a criminal investigation. Our criminal defence team can advise you on your position, explain what the police are entitled to do and, where appropriate, examine whether the powers used were exercised lawfully.
If a stop and search has resulted in your arrest or a criminal investigation, obtaining legal advice at an early stage can help you understand your position and make informed decisions about what happens next. You do not need to wait until a case reaches court before seeking advice.
If you have been stopped and searched and are concerned about what happened, or if the search has led to an arrest or further investigation, contact Empire Law for confidential advice about your circumstances.
