Law ELS: 1. Police Powers 2. Criminal Courts POLICE POWERS: Stop and Search Q. Describe the powers of the police to stop and search a person on the street. (18) The powers of the police to stop and search a person on the street are stated under S1 of the Police and Criminal Evidence Act 1984 which states that an officer can stop and search someone and their vehicle in a public place if they have reasonable grounds for suspecting that they are carrying a prohibited article such as a knife or drugs.
Police Powers Stop and question It’s one of the basic powers that police have. They can stop you at any time and ask you what you are doing here and why you are in this area or where you are going to. However you don’t have to answer any of those questions. Stop and search This is one of the most important powers of the police force and those include stopping persons and vehicles if they have reasonable grounds to suspect that you are carrying for example illegal drugs, a weapon or something that could be used in committing a crime. You can also be searched without ‘reasonable grounds’ if it has been approved by a senior officer and this can happen if you’re suspected of being in a specific location or area and if you’re carrying a weapon or have used one.
Once a law enforcement agency has established that a crime has been committed, a suspect must be identified and apprehended for the case to proceed through the system. Sometimes, a suspect is apprehended at the scene; however, identification of a suspect sometimes requires an extensive investigation. Often, no one is identified or apprehended. In some instances, a suspect is arrested and later the police determine that no crime was committed and the suspect is released. (Bureau of Justice Statistics) If the justice system fails then any crime can be committed such as rape, burglary, murder, driving under the influence, etc.
If you were to get a search warrant, it will be too late. A police officer can stop your vehicle if you are violating a traffic violation. Police officers are also able to make visible inspection. A traffic violation itself, does not allow police officers to search an entire
Unit 17 P1 Unit 17 P1 Warrantless Arrests Generally, an officer may make an arrest in a public place without a warrant if probable cause exists. Probable cause in this scenario does not require the approval of a judge or magistrate, rather it may be derived from reliable tips, a routine vehicle stop, a "stop and frisk" or any additional evidence that an officer observes. Also, an officer may enter private property to make an arrest, but only if "exigent" or emergency circumstances exist, such as the safety of others or even the suspect himself. Warranted arrests To obtain a warrant, probable cause would have to be presented to a judge there would be evidence and/or testimony to support the warrant. An arrest without a warrant would be one that someone, usually an officer, caught someone in the act of committing the crime.
Arrests without a warrant An arrest without warrant is an arrest of an individual without the use of an arrest warrant in England and Wales, usually under Section 24 of the Police and Criminal Evidence Act 1984. Section 24, provides that a constable may arrest, without a warrant, anyone who is about to commit or is currently committing an offence. The constable is also entitled to arrest anyone guilty of an offence or anyone who he reasonably believes to be guilty of an offence. However, the constable must have reasonable grounds that any of the following reasons make it necessary to arrest the person in question, an arrest without an warrant would justified if the person is: - • Causing physical injury to himself/herself or any other person, • Suffering physical injury, • Causing loss of or damage to
Yes, from my observation of the marijuana plants you would need a search warrant to enter and search the house and the resident, but in saying that you would need probable cause, which refers to the requirement in criminal law that police have adequate reason to arrest someone, conduct a search or seize property relating to an alleged crime to enter the house, so in this case the citizens are breaking the law due to growing illegal drugs. If you enter the residence and seize additional evidence inside and that search and seizure is later deemed illegal, would the additional evidence be admissible in court? Why or why not? In my opinion any additional evidence inside the premises would not be admissible in court, this is because as I stated above that any evidence that was collected at the premises and either the search warrant was not issued or was deemed to be
As well as, if an officer asks a person if s/he can search their car, and the individual agrees, there is no need for a warrant. When the individual themselves verbally consents to the officer searching their property, the officer has the right to look for what they are looking for. This would come into play if a person was pulled over for DUI, the officer can ask the individual to search their car looking for open containers, if the individual agrees the search will begin. If the officer notices an open container, and the individual has failed the sobriety field test then a search of the
This is our version of aggressive patrolling. They can file a complaint with the department if they want to, but it won’t go anywhere. Reasonable suspicion is only going to matter if you find some drugs on a kid. If that happens, we’ll figure out then if we can explain a more specific justification.” Discuss the sergeant’s instructions as they pertain to Terry v. Ohio The sergeant has used aggressive patrol as the reasoning behind his orders. Although aggressive patrol is designed to maximize the number of police interventions and observations
This doesn’t include what the media does with celebrities and their private life. This more involves police matters and investigators searching for information. These people do this based on evidence that shows that a person must be investigated and their private life be made more known to them. This may be shown by actions or something a person implied that makes people suspect that they may do something to harm others. At the risk of putting others in harm’s way or jeopardizing other’s lives, police and investigators breech a person’s private matters and make sure that no one else will be harmed.