Stop and search

Police officers can stop and talk to you at any time.

They should only search you if they suspect you are carrying:

• drugs;
• weapons;
• stolen property; or
• items which could be used to commit a crime or damage property.

Why me?

If you are stopped or searched it doesn’t mean you have done something wrong.

A police officer must have a good reason for stopping and searching you and should tell you what this is.

If the police have reason to believe there may be serious violence then they can search everyone in an area for weapons e.g. near a football ground 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 they have good reason to think your car contains stolen goods, drugs, or weapons, they could search it even if you are not there. The police 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; and
• your right to be given a record of the search straightaway.

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 face scarf or turban, they must take you somewhere out of public view. This does not mean you are being arrested. In this case, the officer who searches you must be the same sex as you.

Your right to a record

If you are searched, the police must give you a written record of the search straightaway unless, for example, they are called away to an emergency.

You can get a copy from the police station anytime within 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; and
• 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 information 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 (from the list of national census categories). You don’t have to say what it is if you don’t want to, 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.

If you are stopped in London, the police should give you a record at the time if they stop you and ask you to explain what you are doing or carrying, even if they don’t search you.

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.

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.

This just a quick guide to the ’stop and search’ procedures. It does not cover all of the law.