NCJ Number
158034
Date Published
1986
Length
9 pages
Annotation
England's Police and Criminal Evidence Act of 1984 has been widely perceived as greatly extending police powers, although the act does not codify police powers entirely and does not address all police powers.
Abstract
The act provides for certain powers of stop and search but also applies several protective provisions to virtually all stop and search powers. The first section of the act gives police officers the power to search a person or vehicle if they have reasonable grounds for suspecting stolen or prohibited articles. Crucial to the exercise of stop and search powers is the concept of reasonable grounds for suspicion. Reasonable suspicion, however, must be established before a stop occurs since the act specifies that information to establish reasonable suspicion cannot be obtained by first stopping a person and then asking questions. The act contains provisions on the conduct and recording of searches, road checks, and arrests. The author concludes that, although the Police and Criminal Evidence Act identifies new police powers, it contains safeguards to protect the public. Police powers under the Misuse of Drugs Act of 1971 are noted. 13 notes