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FightBack Forums _ The Flame Pit _ Stop and search?

Posted by: roadhog Fri, 10 Jun 2016 - 21:50
Post #1183577

Out of curiosity can an Police Officer in Uniform/Plain clothes stop and search a person on a Motorbike? I know they can with driver's, but how about rider's?

Any help would be great.

Posted by: baggins1234 Fri, 10 Jun 2016 - 21:52
Post #1183579

QUOTE (roadhog @ Fri, 10 Jun 2016 - 22:50) *
Out of curiosity can an Police Officer stop and search a person on a Motorbike? I know they can with driver's, but how about rider's?

Any help would be great.


Curiously enough.....yes

Posted by: roadhog Fri, 10 Jun 2016 - 22:05
Post #1183587

I take it would have to be for a good reason?

Posted by: baggins1234 Fri, 10 Jun 2016 - 22:07
Post #1183589

Does this relate to something you have experienced or witnessed or is it just a hypothetical question?


Posted by: roadhog Fri, 10 Jun 2016 - 22:14
Post #1183593

hypothetical

Posted by: baggins1234 Fri, 10 Jun 2016 - 22:16
Post #1183596

QUOTE (roadhog @ Fri, 10 Jun 2016 - 23:14) *
hypothetical


Hypothetically speaking then,

http://www.legislation.gov.uk/ukpga/1984/60/section/1

GIYF

Posted by: southpaw82 Fri, 10 Jun 2016 - 22:20
Post #1183599

Is there any logical reason why powers of stop and search wouldn't apply equally to riders of motorcycles as to anyone else's?

Posted by: samthecat Sat, 11 Jun 2016 - 07:57
Post #1183673

OP - do you actually mean "stop and search" or are you referring to Police powers under the RTA to stop vehicles?

Just because a motorbike rider is required to stop and provide certain info to Police when requested does not mean there is an automatic power to search the rider or bike.

Posted by: nigelbb Sat, 11 Jun 2016 - 08:05
Post #1183676

QUOTE (roadhog @ Fri, 10 Jun 2016 - 22:50) *
Out of curiosity can an Police Officer in Uniform/Plain clothes stop and search a person on a Motorbike? I know they can with driver's, but how about rider's?

Any help would be great.

Would it be more likely if the rider were that rarest of all creatures a black motorcyclist?

Posted by: DancingDad Sat, 11 Jun 2016 - 08:16
Post #1183678

QUOTE (nigelbb @ Sat, 11 Jun 2016 - 09:05) *
QUOTE (roadhog @ Fri, 10 Jun 2016 - 22:50) *
Out of curiosity can an Police Officer in Uniform/Plain clothes stop and search a person on a Motorbike? I know they can with driver's, but how about rider's?

Any help would be great.

Would it be more likely if the rider were that rarest of all creatures a black motorcyclist?

With full face helmet, gloves and leathers, rider could be sky blue with one eye.

Posted by: Mr Meldrew Sat, 11 Jun 2016 - 19:02
Post #1183821

An constable would require reasonable grounds for suspecting that (s)he will find stolen or prohibited articles (PACE S1 (3)).

Posted by: southpaw82 Sat, 11 Jun 2016 - 19:42
Post #1183830

QUOTE (Mr Meldrew @ Sat, 11 Jun 2016 - 20:02) *
An constable would require reasonable grounds for suspecting that (s)he will find stolen or prohibited articles (PACE S1 (3)).

Assuming that's what they were searching for. There's more than one power of search.

Posted by: Mr Meldrew Sun, 12 Jun 2016 - 10:58
Post #1183885

QUOTE (southpaw82 @ Sat, 11 Jun 2016 - 20:42) *
QUOTE (Mr Meldrew @ Sat, 11 Jun 2016 - 20:02) *
An constable would require reasonable grounds for suspecting that (s)he will find stolen or prohibited articles (PACE S1 (3)).

Assuming that's what they were searching for. There's more than one power of search.

Absolutely, but I understood the question to imply a typical stop and thought the thread unclear that the power is limited in those circumstances.

Posted by: southpaw82 Sun, 12 Jun 2016 - 11:56
Post #1183910

I don't think anyone is suggesting that the police normally have the power to randomly search people, albeit that does assume a certain amount of common sense on the part of the reader.

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