Stop and search is a widely used policing power in England and Wales, allowing officers to search individuals they suspect of carrying illegal items, such as weapons or drugs. While it is intended to prevent crime, it remains a controversial tactic due to concerns over racial profiling and misuse of power.
At Sahota & Sahota Solicitors, we represent many clients in London, and beyond who have been stopped and searched. Understanding your rights is essential to ensuring fair treatment under the law.
When Can the Police Stop and Search You?
Police officers must have reasonable grounds to stop and search you, meaning they must suspect you are carrying:
- Illegal drugs
- A weapon
- Stolen property
- Something that could be used to commit a crime (e.g., burglary tools)
However, under Section 60 of the Criminal Justice and Public Order Act 1994, officers can conduct searches without reasonable suspicion in designated areas where serious violence is anticipated. These so-called “suspicionless searches” have been criticised for their overuse, particularly in London.
Stop and Search: Who Gets Stopped?
Disproportionate Impact on Ethnic Minorities. According to Metropolitan Police statistics, Black individuals are over three times more likely to be stopped and searched than White individuals.
Your Rights During a Stop and Search
If you are stopped and searched, the police must provide the following information:
- Their name and police station
- The reason for the search
- What they expect to find
- Your right to a written record of the search
You DO NOT have to:
- Give your name or address (unless being reported for an offence)
- Answer questions beyond identifying items you may be carrying
- Consent to a more invasive search (e.g., removing clothing in public without a reasonable reason)
If the police fail to follow these steps, your stop and search could be unlawful. If this happens, legal action may be possible.
What to Do If You Are Stopped and Searched
- Stay Calm – Avoid escalating the situation.
- Ask Questions – Politely request the reason for the stop and search.
- Record the Encounter – You have the right to film, provided you do not obstruct the search.
- Request a Copy of the Search Record – This may be useful for legal challenges later.
How Sahota & Sahota Solicitors Can Help
At Sahota & Sahota Solicitors, we have extensive experience defending individuals who have been unlawfully stopped and searched. We have successfully challenged cases where:
- The police lacked reasonable suspicion
- The search was conducted in an unfair or discriminatory manner
- Individuals were wrongly arrested following an unlawful stop and search
If you believe you have been unfairly targeted or mistreated, we can help.
We are committed to fighting for justice and ensuring that police powers are exercised fairly and lawfully.
