Frequently Asked Questions

Why do police use stop and search?
Police use stop and search to detect crime, catch criminals and make our communities safer. If you are stopped it does not necessarily mean that you have done something wrong or that you are under arrest. Police officers can speak to you at any time. But they should only stop you to search you if they have a good reason, based on facts, information or intelligence or because of the way that you are behaving. The process should be handled quickly and professionally and shouldn't take up too much of your time.

You should not be stopped or searched just because of:

  • Your age, race, gender, sexual orientation, disability, religion or faith.
  • The way that you look or dress, the language you speak; or
  • because you have committed a crime in the past

If you believe that you have been stopped for any of these reasons, you can complain. (see How to make a complaint)

Who can stop me?
You can be stopped by:

  • A Police Officer or
  • A Police Community Support Officer (PCSO)

The Police Community Support Officer must be in uniform. A Police Officer does not have to be in uniform, but if they are not wearing a uniform they must show you their warrant card.
The officers must be polite and respectful at all times. If this isn't the case, you have a right to make a complaint about how you've been treated. (see How to make a complaint)

What is a stop?
A 'Stop' is when a police officer or police community support officer stops you and asks you to account for yourself. They may ask you what you are doing, why you are in an area or where you are going.

Not every time that a police officer or police community support officer stops you will count as a stop. It does not count as a stop if the officer

  • is looking for a witness
  • asks you for general information about an incident; or
  • is giving you directions.

In cases such as those above you will not be given a form. However, if you feel you have been stopped you can insist on the officer or police community support officer filling in and giving you a form. The officer can only refuse to issue the form if he or she reasonably believes the reason for the request will be disruptive to other police activity.

What is a stop and search?
A 'Stop and search' is when a police officer stops you and searches you, your clothes or any thing you are carrying. Police officers can speak to you at any time. But they should only stop you to search you if they have a good reason. For example; they suspect that you may be carrying drugs, weapons, stolen property or items that may be used to commit a crime, commit an act of terrorism or cause damage to property.

Police Community Support Officers (PCSO's) also have limited powers to search. They work to a standard set of powers which include the power to stop and search in authorised areas. The PCSOs employed in Cheshire also have the power to search for alcohol and tobacco, which was given to them at the discretion of the Chief Constable.

Exceptions
There are occasions when a police officer can search any one in a certain area, for example;

In these situations stops and searches will be carried out in the same way as when looking for stolen or prohibited articles but the police officer does not need to have reasonable grounds before stopping someone and searching them. The Police officer should explain this to you and be searching for items that could be used in connection with violence or terrorism.

What happens if I refuse to be searched?
The process is not voluntary - the law gives police the authority to stop and search. Officers do not need your permission to go through your belongings - if you refuse, you can be searched by force. Remain calm and remember that you are not under arrest. If you feel that your rights are not being protected, tell the officer what you're concerned about.

Where can I be stopped and searched?
You can be stopped and searched:

  • in a public place
  • anywhere if the police believe you have committed a crime

If you are in a public place you only have to take off your coat or jacket and your gloves, unless you have been stopped in relation to terrorism or where the officer believes that you are using clothes to hide your identity.

What if the officer who searches me is not the same sex as me?
If the police officer who searches you is not the same sex as you they can only ask you to remove your coat or jacket and your gloves. If the police officer asks you to remove more than this or anything that you wear for religious reasons (such as a face scarf, veil or turban) they must be the same sex as you and they must take you somewhere out of public view. This does not mean that you are being arrested.

What if the police officer asks me to remove anything that I wear for religious reasons?
If the police officer asks you to remove anything that you wear for religious reasons (such as a face scarf, veil or turban) they must be the same sex as you and they must take you somewhere out of public view. This does not mean that you are being arrested.

Can my vehicle be stopped and searched?
Yes, your vehicle can be stopped if the police suspect the driver and/or occupants of the vehicle have committed a crime or may be about to do so, or if they have good reason to think your car contains stolen goods, drugs or weapons. You may be asked to show your driving documents; including your driving licence. The police can search your car at anytime, even if you are not there but they must leave a notice saying what they have done. If the search causes damage to your car, you can ask for compensation, but only if the police didn't find anything to connect you to a crime.

Under the Road Traffic Act an officer may stop any vehicle being driven on a road. This may result in different procedures, for example the requirement to produce documents such as a driving licence, insurance details etc. Under this Act the vehicle may also be examined for road-worthiness. This does not count as a stop.

What happens if I am stopped and searched?
Before a Police Officer searches you they should tell you

  • that you must wait to be searched
  • what law they are using and your rights
  • their name
  • the station they work at
  • why they chose you
  • what they are looking for
  • that you have a right to be given a form straight away showing details of your stop and search. See 'Know Your Rights' for more information.

What happens to the information in the form?
In Cheshire, the personal data is extracted from stop forms and entered into a database for diversity monitoring purposes. The data about reasons for stops or stop searches is entered in to Cheshire Constabularys Record Management System to identify patterns of behaviour or crime and is used by officers to help make neighbourhoods safer. The stop/stop and search record is not a criminal record

Who checks on stops and searches?
In Cheshire, stop and search activities are closely monitored by the police force through its Diversity Monitoring Group. The group meets four times a year and includes two Members of the Police Authority and Members of the Independent Advisory Group. The Police Authority also receives an annual report on stop and search performance.