Unit 17 Police Powers In The Uniformed Public Services

Even brief street detentions are arrests, and pat downs are searches, so the police can’t do anything unless they’ve got probable cause.

3. Arrest—The officer is not required to use the word ‘arrest’ to initiate an arrest. For an arrest to be considered legal, the following conditions need to exist. First, the officer has to have probable cause, the legal requirement for an arrest. Second, the officer has to deprive the individual of freedom, and lastly, the suspect believes that he or she is now in custody and has lost his or her liberty.

Cases R v Park (1994) where procedures laid down in the PACE Act were not followed properly and evidence could not be submitted. Also R v Fenlley [1989] in which the defendant had not been informed properly of the reason for stop and search can lead to suspects being unable to be prosecuted. It is hard to justify these results and describe the use of stop and searches as a valuable tool in the detection of crime. Especially when there is a large amount of evidence from reports, cases and statistical information showing the disproportionate amount of Black and Asian individuals that are stopped and searched under section 1 of PACE 1984. This has led to issues arising between the police and the community.

For searches without a warrant, then its mandatory to comply with standards of probable cause is the court. Even the searches being made for a criminal cannot be made without the existence of a proper probable cause. Therefore the officers don’t have the right to lawfully carry on searching and arresting people without having the proper probable cause with them.

Search incident to Lawful Arrest- if an individual happens to be arrested lawfully they are no longer a free citizen therefore a police officer may search their persons and any areas that are within their reach. An example can be Mary is arrested for driving under the influence of alcohol. She was stopped after swerving through the road and going at a very slow speed. A search of her vehicle found narcotics in the passenger side of the vehicle. She was herself and that was within her wingspan.

There are three exceptions as to when officers do not need search or arrest warrants and/or announce their presence:

The role of the custody officer was created by the Police and Criminal evidence act 1984 (PACE act). Throughout this essay I will be discussing the role of the custody officer and exploring the stages that must be undertaken when a person is detained and processed through custody post arrest. I will also discuss the various sections of the Human Rights Act 1998 that are affected when a person is detained, the limits of a persons detention, and the processes that must be undertaken if the custody officer wishes to extend the time that a person is kept in custody. I will be exploring the duties of the custody officer and what the job role entails on a day to day basis. Whatever is done by the custody officer is to be undertaken in a certain

A warrant is a document that is issued by a governing or legal authority. The policy have the authority to search a person's property or make an arrest if there is a warrant. If you are wondering whether there has been an arrest warrant issued for you or someone you know, then we can help you. Our company can help you perform an Alhambra warrant check.

Arresting definitely falls under the duties of an officer. People see it all the time in movies and shows. Showing a perfect example of the “CSI effect,” people truly believe that when being arrested an officer has to read you miranda

To be arrested means to be taken into custody by a legal authority. When a person is arrested there are certain rules and regulations that a police officer must follow and/or enforce. There are only two ways to get arrested: probable cause and an arrest warrant. Probable cause is a reasonable belief that someone has commited a crime by an officer. Probable cause has to be based on facts, a person can't just get arrested just because an officer has a hinch. An example of probable cause is if let's say an officer responds to an alarm at a store and the person is hiding in the back of the store and has blood running down his arm, the officer then would have a probable cause to arrest person. If you are ever stopped by the police you may be frisked

Now, if the police suspects that a person is about to commit a summary offence, they are allowed by the controversial laws to hold them for four hours or more. The reason behind this is because the high court decided to rule in favour of the Northern Territory’s paperless arrest laws. In addition, the police are allowed to detain people without charge for minor offences that have been linked to at least one death in custody as stated in the Northern Territory’s controversial paperless arrest laws upheld by the high court.

(GOV.UK) An officer also has the powers to stop and search, only if they have reasonable grounds to suspect a person if they have anything on their person which is illegal for example a weapon or illegal drugs or anything which could be used with a crime. (GOV.UK) Within detention, a person can be held or up to 24 hours by the police after that amount of time the person will either must be released of get charge with a crime. However, the suspect can apply to be held up to 36 or 96 hours if it is an extreme crime for example murder.

officers to undertake their role. Because of the significance of the act and how similar the

Prior to PACE, there existed a patchwork quilt of police powers to stop and search people and vehicles. There were some powers which could be used by constables of any police force in the country, for example, the power to stop people and search them under s23(2) of the Misuse of Drugs Act 1971 (MDA). A number of police forces had local powers to stop people and vehicles and search them for stolen goods, such as that under s66 of the Metropolitan Police Act 1839 (MPA). Significantly, there were no standard conditions for the exercise of the powers (Fieldman 2002:307). In total, there were some 16 statutes that gave police powers to stop and search but in other situations the police lacked the requisite powers they needed. The police claimed that this situation frequently left them open to risk of civil action for stopping and searching where no power existed and also criticism for failing to act (Zander 1990:3).

It appears based on the facts presented that Ruth’s arrest was lawful, Amijt was granted the power of arrest by s24A(1)(a) PACE 1984. Furthermore, both of the necessity criteria for an arrest in s24A(3)(a) and s24A(3)(b) PACE 1984 were satisfied. There were sufficient necessity factors as stated in s24A(4) PACE 1984 which applied to the facts. The necessity factors included s24A(4)(c) and s34A(4)(d) PACE 1984.