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State reasonable grounds to search
- Reasonable Suspicion
- Seen – what have you seen?
- Heard – What have you heard?
- Actions – Yours and theirs
- Conversations – what did they say, what did you say.
- Knowledge - what do you already know about the individual (intelligence).
- Smell – Drugs
State SCT 60 CGSA 1982
- If a constable has reasonable grounds to suspect that a person is in possession of any stolen property, the constable may without warrant
- Search that person or anything in his possession and detain him for as long as is necessary for the purpose of that search
- Search any vehicle or vessel
- Enter and search any premises occupied by a second hand dealer or a metal dealer for the purpose of his business
- Seize and detain anything found in the course of any such search which appears to the constable to have been stolen or to be evidence of the commission of a theft and they may use reasonable force
List the 6 common statute searches
- SCT 23 MDA 1971
- SCT 43 TACT 2000
- SCT 47 FA 1968
- SCT 48 CLCSA 1995
- SCT 50 CLCSA 1995
- SCT 60 CGSA 1982
Engagements with suspect for search
- Identity yourself
- Detain with relevant power
- Explain object and grounds
- Articulate grounds
- Issue receipt
The neumonic for search on arrest
- Danger - something that presents a danger
- Implement - anything concealed to aid escape
- Evidence - concealed in relation to offence
- Search the person
- Seize anything in their possession
- Cause them to appear in an ID parade
Any encounter between a police officer and a member of the public, which results in that individual being searched for the purpose of obtaining evidence
- Outer garments
- No such thing as a consensual search
- If grounds cease...you must STOP