I Think I Was Stopped and Searched Unlawfully
Police stop and search powers are tightly regulated. If an officer lacked a lawful basis for searching you, or failed to follow the correct procedures, you may have grounds for a formal complaint and potentially a civil claim for unlawful interference with your person.
Quick Answer
Police can only stop and search you if they have either a specific statutory power (most commonly section 1 of the Police and Criminal Evidence Act 1984, requiring reasonable grounds to suspect you are carrying stolen items or an offensive weapon) or an authorised no-grounds power (such as section 60 Criminal Justice and Public Order Act 1994 in a locality authorised by a superintendent). The officer must provide their name, station, the reason for the search, and a receipt. An unlawful search is a trespass to the person and you may be entitled to compensation.
Full Explanation
The main stop and search power most people encounter is section 1 of the Police and Criminal Evidence Act 1984 (PACE). Under s.1, a constable may search a person in a public place if they have reasonable grounds to suspect the person is carrying stolen articles or an article made for use in certain offences (e.g., offensive weapons, burglary tools). 'Reasonable grounds' must be based on objective facts โ not on a person's race, appearance, or prior convictions alone. Code A of the PACE Codes of Practice sets out in detail what constitutes and does not constitute reasonable grounds.
Before conducting the search, the officer must (under Code A) inform you of: their name and station, the object of the search, the grounds for the search, and that you are entitled to a record of the search. This is summarised in the mnemonic GO WISELY (Grounds, Object, Warrant card, Identity, Station, Entitlement to a copy of the record, Legal power). Failure to provide this information may make the search unlawful.
Section 60 of the Criminal Justice and Public Order Act 1994 allows a superintendent (or above) to authorise stop and search without requiring reasonable grounds within a specified area and time period (up to 24 hours, extendable to 48) where violence is anticipated. The authorisation must be in place before the search can be conducted under this power โ an officer cannot simply invoke s.60 without an existing authorisation.
If you were searched unlawfully โ either because the officer lacked the power or failed to follow the Code A requirements โ you can: (a) make a formal complaint to the police force and/or the IOPC; (b) bring a civil claim in the county court for trespass to the person (assault/battery); or (c) raise the unlawfulness as a defence if items found were used against you in criminal proceedings.
Resisting an unlawful search can itself lead to an arrest for obstruction. The law does not give you a right to physically resist a search, even if it is unlawful โ the remedy is to challenge it legally afterwards, not in the moment.
Legal Basis
- ยงPolice and Criminal Evidence Act 1984, section 1
- ยงPACE Code of Practice A (Stop and Search)
- ยงCriminal Justice and Public Order Act 1994, section 60
- ยงMisuse of Drugs Act 1971, section 23
- ยงHuman Rights Act 1998 (Article 8 โ right to respect for private life)
What To Do
Record What Happened
As soon as possible after the search, write down everything you can remember: the date, time and location, the officer's name and collar number, the reason given for the search, what was said, whether the officer provided all required information, and the outcome. If there were witnesses, get their contact details.
Request Your Search Record
You are entitled to a written record of the search under Code A. If one was not provided at the time, contact the police force within 3 months and request a copy of the search record (using the reference number or date and location).
Make a Formal Complaint
Lodge a complaint with the police force's Professional Standards Department or directly with the Independent Office for Police Conduct (IOPC). You can complain online via the IOPC website. Your complaint will be investigated and the force must provide a written response. Serious complaints may be referred to the IOPC for independent investigation.
Consider a Civil Claim
If the search was unlawful (no lawful power, failure to comply with Code A, excessive force), you may be entitled to damages for trespass to the person. Consult a solicitor specialising in civil liberties or police law. Civil claims against the police are high-value in terms of legal costs relative to damages โ assess whether the case is economically viable before proceeding.
Challenge in Criminal Proceedings (If Relevant)
If items found during an unlawful search are being used against you in criminal proceedings, your criminal solicitor should apply to exclude the evidence under section 78 of PACE. A court can exclude evidence obtained improperly if admitting it would be unfair to the defendant.
Important Deadlines
Important Warnings
Do not physically resist a stop and search, even if you believe it is unlawful โ this can lead to an arrest for obstruction. Challenge it legally afterwards.
Recording the police during a stop and search is generally lawful in a public place โ but be aware that a constable may instruct you not to film if it would prejudice a criminal investigation.
Complaints must be made promptly โ delay can affect the investigation and any civil claim.