Stop and search?, Motorcyclists |
Stop and search?, Motorcyclists |
Fri, 10 Jun 2016 - 21:50
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#1
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New Member Group: Members Posts: 8 Joined: 27 May 2016 Member No.: 84,600 |
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. This post has been edited by roadhog: Fri, 10 Jun 2016 - 22:02 |
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Fri, 10 Jun 2016 - 21:50
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Fri, 10 Jun 2016 - 21:52
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#2
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Member Group: Members Posts: 951 Joined: 17 Aug 2010 Member No.: 39,849 |
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Fri, 10 Jun 2016 - 22:05
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#3
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New Member Group: Members Posts: 8 Joined: 27 May 2016 Member No.: 84,600 |
I take it would have to be for a good reason?
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Fri, 10 Jun 2016 - 22:07
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#4
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Member Group: Members Posts: 951 Joined: 17 Aug 2010 Member No.: 39,849 |
Does this relate to something you have experienced or witnessed or is it just a hypothetical question?
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Fri, 10 Jun 2016 - 22:14
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#5
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New Member Group: Members Posts: 8 Joined: 27 May 2016 Member No.: 84,600 |
hypothetical
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Fri, 10 Jun 2016 - 22:16
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#6
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Member Group: Members Posts: 951 Joined: 17 Aug 2010 Member No.: 39,849 |
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Fri, 10 Jun 2016 - 22:20
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#7
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Member Group: Members Posts: 33,610 Joined: 2 Apr 2008 From: Not in the UK Member No.: 18,483 |
Is there any logical reason why powers of stop and search wouldn't apply equally to riders of motorcycles as to anyone else's?
-------------------- Moderator
Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed. |
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Sat, 11 Jun 2016 - 07:57
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#8
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Member Group: Members Posts: 349 Joined: 21 Apr 2016 Member No.: 83,881 |
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. -------------------- If it looks like a duck, swims like a duck, and quacks like a duck, then it probably is a duck.
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Sat, 11 Jun 2016 - 08:05
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#9
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Member Group: Members Posts: 3,768 Joined: 17 Mar 2013 Member No.: 60,602 |
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? -------------------- British Parking Association Ltd Code of Practice(Appendix C contains Schedule 4 of POFA 2012 ) & can be found here http://www.britishparking.co.uk/Code-of-Pr...ance-monitoring
DfT Guidance on Section 56 and Schedule 4 of POFA 2012 https://www.gov.uk/government/uploads/syste...ing-charges.pdf Damning OFT advice on levels of parking charges that was ignored by the BPA Ltd Reference Request Number: IAT/FOIA/135010 – 12 October 2012 |
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Sat, 11 Jun 2016 - 08:16
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#10
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Member Group: Members Posts: 25,726 Joined: 28 Jun 2010 From: Area 51 Member No.: 38,559 |
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. |
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Sat, 11 Jun 2016 - 19:02
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#11
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Member Group: Members Posts: 546 Joined: 31 Aug 2015 From: 19 Riverbank Member No.: 79,151 |
An constable would require reasonable grounds for suspecting that (s)he will find stolen or prohibited articles (PACE S1 (3)).
-------------------- I do tend to have a bee in my bonnet re failing to consider and fairness
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Sat, 11 Jun 2016 - 19:42
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#12
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Member Group: Members Posts: 33,610 Joined: 2 Apr 2008 From: Not in the UK Member No.: 18,483 |
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. -------------------- Moderator
Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed. |
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Sun, 12 Jun 2016 - 10:58
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#13
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Member Group: Members Posts: 546 Joined: 31 Aug 2015 From: 19 Riverbank Member No.: 79,151 |
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. -------------------- I do tend to have a bee in my bonnet re failing to consider and fairness
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Sun, 12 Jun 2016 - 11:56
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#14
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Member Group: Members Posts: 33,610 Joined: 2 Apr 2008 From: Not in the UK Member No.: 18,483 |
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.
-------------------- Moderator
Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed. |
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