News2 mins ago
Car Search
8 Answers
Where do i stand if a policeman routinely pulls me over and wishes to search my car? Can i refuse because he needs a reason for suspicion or something like that?
Also, there should be a 'law' topic on this site.
I hope someone can help :-)
Also, there should be a 'law' topic on this site.
I hope someone can help :-)
Answers
Best Answer
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For more on marking an answer as the "Best Answer", please visit our FAQ.Can't answer the question on whether they have a right to search or not, but I have to be honest, it wouldn't bother me in the slightest.
As for there being a law topic, I should think that's to risky really. Whilst a lot of answers on this site are based on knowledge, there are a lot based on opinions and (maybe) prejudiced experience too. With something such as the law, would you really want to rely on what one person says as being the most factual answer?
As for there being a law topic, I should think that's to risky really. Whilst a lot of answers on this site are based on knowledge, there are a lot based on opinions and (maybe) prejudiced experience too. With something such as the law, would you really want to rely on what one person says as being the most factual answer?
By routinely, do you mean repeatedly? IE victimisation. No, that's not on, and you should put in a formal complaint.
If you mean at random, I believe they should have a reason, but even if they don't have one, I'm sure they could invent some plausible reason.
If it's just at random, why are you bothered? It's a bind, but view it as your little contribution to public security. I wouldn't mind.
If you mean at random, I believe they should have a reason, but even if they don't have one, I'm sure they could invent some plausible reason.
If it's just at random, why are you bothered? It's a bind, but view it as your little contribution to public security. I wouldn't mind.
In general, under the provisions of the Police & Criminal Evidence Act 1984, your car can only be searched where there is a valid reason. For further details, go here:
http://www.leeds.ac.uk/law/hamlyn/searchp.htm
Then scroll about half-way down the page, until you reach "Police and Criminal Evidence Act 1984, s.1
Power of constable to stop, search persons, vehicles etc."
However, under the provisions of Section 44 of the Terrorism Act 2000, there are circumstances where both individuals and vehicles can be stopped and searched with the need for any element of suspicion. The 'circumstances' referred to must be defined by the Home Secretary but, for example, a person's presence at a London railway station is currently regarded as sufficient reason for the police to stop him and conduct a random search. Similarly, driving a car through central London is also currently a valid reason for random 'stop & search' procedures to be used under the Terrorism Act.
Chris
http://www.leeds.ac.uk/law/hamlyn/searchp.htm
Then scroll about half-way down the page, until you reach "Police and Criminal Evidence Act 1984, s.1
Power of constable to stop, search persons, vehicles etc."
However, under the provisions of Section 44 of the Terrorism Act 2000, there are circumstances where both individuals and vehicles can be stopped and searched with the need for any element of suspicion. The 'circumstances' referred to must be defined by the Home Secretary but, for example, a person's presence at a London railway station is currently regarded as sufficient reason for the police to stop him and conduct a random search. Similarly, driving a car through central London is also currently a valid reason for random 'stop & search' procedures to be used under the Terrorism Act.
Chris