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Wales Online
Wales Online
National
Jonathan Coles & Rachel Sloper

What are your rights if police stop you in the street?

Police officer Wayne Couzens used his knowledge of Covid laws to "detain" innocent Sarah Everard before he kidnapped and murdered her.

Couzens, 48, abducted the marketing executive, 33, as she walked home in Clapham, south-west London in March.

The Old Bailey was told that Couzens - then a serving constable with the Metropolitan Police - had lured Ms Everard into his vehicle under false pretences.

The court heard how Couzens showed his warrant card before restraining his victim and driving her away in a kidnapping lasting less than five minutes.

It is this chilling detail of the case that has led to people on social media questioning how they can trust the police - and what they should do to stay safe if they are stopped by an officer.

So, here Mirror Online looks at your rights when an officer stops you in the street - and what you can do to confirm their intentions are legitimate.

Stop and question

According to gov.uk, a police officer might stop you and ask what your name is, what you are doing in the area and where you are going.

But you do not have to stop or answer any questions. If you do not and there is no other reason to suspect you, then this alone cannot be used as a reason to search or arrest you.

Stop and search

A police officer has powers to stop and search you if they have 'reasonable grounds' to suspect you are carrying a number of items, the website says.

This includes, but is not limited to: illegal drugs; a weapon; stolen property; or something which could be used to commit a crime, such as a crowbar.

Before you are searched

A police officer must tell you some information before you are searched, according to the official information listed online, which is laid out below:

  • their name and police station
  • what they expect to find, for example, drugs
  • the reason they want to search you, for example, if it looks like you are hiding something
  • why they are legally allowed to search you
  • that you can have a record of the search and if this is not possible at the time, how you can get a copy

After you are searched

As above, officers are expected to make a record of any search, unless it is impractical to do so - which you are then allowed to request a copy of within three months.

This can then be produced if you are unhappy with the way you have been treated by an officer, and want to raise a complaint with their force or take legal action.

Section 60

The rules change when a section 60 is put in place, a power that allows officers to stop and search for a limited time without 'reasonable grounds'.

Where a section 60 is in place, the police can search anyone in a certain area, for example, when there is evidence that serious violence has taken place or may take place.

But officers should still explain this to you and must be searching for items to be used in connection with violence - and you can still ask for a written statement explaining why.

Off-duty officers

It is widely accepted that a police officer is always a police officer. An officer can exercise most of his or her powers all the time but, as soon they do so, they are then classed as being on duty.

If they are not in uniform, a police officer must identify themselves and make sure they show their warrant card.

For more stories from where you live, visit InYourArea.

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