Preview

Stop and Search Powers

Powerful Essays
Open Document
Open Document
1435 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Stop and Search Powers
“The police have a number of powers of stop and search. When using any power they must always have regards to the Police and Criminal Evidence Act 1984 (PACE) codes of practice.” The effectiveness of the police stop and search procedures being used as a valuable tool in the detection of crime can be measured by looking at the role that stop and searches play in policing and the arrests they lead to. However their impact on the community and the negative image it has given the police force outweigh the results generated from stop and searches. It has been found through various reports such as one by The Equality and Human Rights Commission, arrests for serious offenses are less likely to follow from stop and searches however they do play some role in preventing crime. Although statistics show the impact is small. There are still concerns about the impact that stop and searches have had upon certain sections of the community. These are normally due to officer’s interactions with the public, such as the disproportionate amount of ethnic minorities that are detained under a stop and search.
Since the Police and Criminal Evidence bill 1982 was proposed there has been huge controversy. When the it was enacted as the 1984 Police and Criminal Evidence Act it was described as the most significant landmark in the modern development of police powers” Chief Constable of Merseyside, Kenneth Oxford and former Metropolitan Police Commissioner Sir David McNee both shared similar views and felt that the new act would “go against the interests of the law abiding citizen and an effective police service.” There were also those that felt the new extension of police powers underlined in the act would “Para militarize the police” . Nearly 30 years later there is no conclusive evidence that either of these outcomes have happened. A stop is defined as when a police officer stops a member of the public but does not search them. A search is defined as when a police officer stops a



Bibliography: Commision, Equality and Human Rights. "www.equalityhumanrights.com." Equality and Human Rights. March 2010. http://www.equalityhumanrights.com/uploaded_files/raceinbritain/ehrc_stop_and_search_report.pdf (accessed January 2, 2013). Home Office. Home Office. n.d. http://www.homeoffice.gov.uk/police/powers/stop-and-search/ (accessed January 5, 2013). Miller, Joel, Nick Bland, and Paul Quinton. The Impact of Stops and Searches on Crime and the Community Paper 127. Home Office report, London: Crown Publications, 2000. —. "www.homeoffice.co.uk." Home Office. n.d. http://library.npia.police.uk/docs/hopolicers/prs127.pdf (accessed January 2, 2013). Mulchandani, Ravi, Timothy Hand, and Lakhvinder Kaur Panesar. Police Powers and Procedures England and Wales 2009/10. Statistical Bulletin, London: Home Office, 2011. Neyroud, Peter, and Alan Beckley. Policing, Ethics and Human Rights. Devon: Willan Publishing, 2007. Office, Home. "www.homeoffice.com." Home Office. 1984. http://www.homeoffice.gov.uk/publications/police/operational-policing/pace-codes/pace-code-a-2011?view=Binary (accessed January 2, 2013). "PACE 1984." Police and Criminal Evidence Act 1984. London: Government, 1984. Peachey, Paul. The Independent. n.d. http://www.independent.co.uk/news/uk/home-news/stephen-lawrences-brother-to-sue-met-for-discrimination-8444082.html (accessed January 6, 2013). R v Park (1994) 158 JP 144, CA. 158 (JP, 1994). Rowe, Michael. Introduction to Policing. London: Sage Publications Ltd, 2008. Slapper, Gary, and David Kelly. The English Legal System Thirteenth Edition 2012-2013. Oxon: Routledge, 2012. Strickland, Pat, and Gavin Berman. Police Stop and Search Powers. Government Report, London: House of Commons Library, 2012. Team, Stop Search Action. "www.statewatch.com." State Watch. January 2005. http://www.statewatch.org/news/2005/jan/uk-stopsearchpolicy2004.pdf (accessed January 2, 2013). Willis, C F. National Criminal Justice Reference Service. 1983. https://www.ncjrs.gov/App/Publications/abstract.aspx?ID=89575 (accessed January 3, 2013).

You May Also Find These Documents Helpful

  • Good Essays

    Stop And Frisk Case Study

    • 2011 Words
    • 9 Pages

    “Stop, question, and frisk” is a controversial practice that was used by the New York City Police Department, where a police officer would stop any person acting suspicious, the police officer would question them and if they felt that it rose to the level of reasonable suspicion; they would frisk them for weapons and other contraband. In other states it is known as the Terry stop. Stop-and-frisk was a useful tactic for the NYPD because statistics show that violent crime dropped while this procedure was in place.…

    • 2011 Words
    • 9 Pages
    Good Essays
  • Good Essays

    This paper will show how current “Stop and Frisk” (Terry Stop, SQF) methods exercised presently diverge greatly from the initial precedent allowed in Terry v. Ohio (1968) due to the inability to concretely define reasonable suspicion as well as the broad applications of reasonable suspicion since 1968. The most notable current representation involves The New York Police Department (NYPD) and its policy regarding Terry Stops as a proactive crime prevention and investigative tool (Ridgeway, 2006). Also considering the benefits shown in Ultimately, reasonable suspicion needs…

    • 983 Words
    • 4 Pages
    Good Essays
  • Best Essays

    [ 17 ]. Ben Bowling and Coretta Phillips, (2007) ‘Disproportionate and Discriminatory: Reviewing the Evidence on Police Stop and Search’. Modern Law Review. 70(6) 944…

    • 4485 Words
    • 18 Pages
    Best Essays
  • Powerful Essays

    PACE

    • 2022 Words
    • 6 Pages

    Prior to the Police and Criminal Evidence Act 1984, police powers were not set in stone throughout the country, and those that were being used were made from a wide variety of different common and statutory law sources, leaving it to be uncertain. This led to the recognition of inconsistent police practice and left it open for potential injustice to occur (Mallenson, 2007).…

    • 2022 Words
    • 6 Pages
    Powerful Essays
  • Good Essays

    stop and frisk policy

    • 761 Words
    • 4 Pages

    These practices prompted angry reactions among minority citizens that widened the breach between different racial/ethnic groups in their trust in the police (Lundman and Kaufman 2003; Tyler and Huo 2003;Weitzer and Tuch 2002), provoking a crisis of legitimacy with legal, moral, and political dimensions (see Wang 2001; Russell 2002; Harris 2002). In an era of declining crime rates, policy debates on policing strategies often pivot on the evaluation of New York City’s policing strategy during the 1990s, a strategy involving aggressive stops and searches of pedestrians for a wide range of crimes (Eck and Maguire 2000; Skogan and Frydl 2004). The policy was based on the lawful practice of “temporarily detaining, questioning, and, at times, searching civilians on the street” (Spitzer 1999). The U.S. Supreme Court has ruled police stopand- frisk procedures to be constitutional under certain restrictions (Terry v. Ohio 1968).…

    • 761 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Today around 1,400 citizens in New York City will have their constitutional rights violated through an unlawful search. The legal term for the controversial search is stop and frisk. The New York Police Department continues to pressure its officers to stop and frisk citizens, and these situations are happening at an alarmingly increasing rate. For the New York Police Department, it seems to be a game of numbers as they continue to force their officers to conduct stop and frisks through quotas (Gangi). While New York City has seen a decrease in crime over Mayor Bloomberg's term, it is difficult to directly correlate the stop and frisk policy with these decreases. This unlawful practice needs to stop as it is a controversial practice that many people believe is a direct violation of the human rights inherent for citizens. Furthermore, it could turn New York City into a police state.…

    • 1108 Words
    • 5 Pages
    Good Essays
  • Good Essays

    There should be no distinction between the importance of a sense of safety among citizens and among police, they also have the right to feel safe which is hindered when individuals are in an altered state due to drugs or carrying weapons. With the invasion to privacy argument in mind, perspective on the issue must be kept; imaginations should not run wild in relation to the conduct and frequency of police searches. The idea of every person being searched and lives being regularly interrupted is…

    • 793 Words
    • 4 Pages
    Good Essays
  • Better Essays

    Stop and Frisk for Law

    • 1231 Words
    • 5 Pages

    Jones, D. R. (2011, Sep 15-Sep 21, 2011). "Stop & frisk" - an abuse of police power. New York Amsterdam News. Retrieved from http://search.proquest.com/docview/896738696?accountid=27899…

    • 1231 Words
    • 5 Pages
    Better Essays
  • Good Essays

    “After Terry this type of police encounter became known as a ‘Terry stop’ or an ‘investigatory detention.’ Police may stop and question suspicious persons, pat them down for weapons, and even subject them to…

    • 2993 Words
    • 12 Pages
    Good Essays
  • Good Essays

    What about the upsides of stop and search? 50 to 60% of stop and search reasons have been drugs which are not harming anybody other than the user, but what about everything else? Knife crimes have fallen, but only slightly and could be stopped more effectively. Stolen property is rising and so is going equipped to crime charges. This method of crime prevention is not worth it.…

    • 67 Words
    • 1 Page
    Good Essays
  • Powerful Essays

    Stop And Frisk Essay

    • 1570 Words
    • 7 Pages

    “Stop and Frisk” has been a very controversial method of policing over the last few years in New York city because of its associations with racial profiling. It has been used as a tool for the government to attempt to reduce crime in a preemptive way by using reasonable suspicion to stop, question, search, and if necessary, detain any citizen the officer chooses. Statistically, almost 90% of stop and frisk suspects in New York city were found to have nothing incriminating and were promptly released. It also had little to no impact on reducing crime and murder in the city of New York. However, it impacted the the rights citizens felt like they had because it instituted a form of social control at the hands of the government.…

    • 1570 Words
    • 7 Pages
    Powerful Essays
  • Good Essays

    Some people believe that the Stop-and-Frisk Program helps catch potential criminals and reduce crime in New York City. Stop-and-Frisk allows officers in New York City to stop individuals based on reasonable suspicion and search them for any possible illegal contraband. However, many of these searches are often unsuccessful in stopping crime. The practice of stop and frisk by the New York Police Department(NYPD) has not been effectively utilized and raise serious concerns. It is a process that should be discontinued in New York City because of how intrusive it is to the lives of citizens. There are three reasons why the practice of stop and frisk should be discontinued in New York City: racial profiling of minorities; illegal stopping of bystanders;…

    • 1047 Words
    • 5 Pages
    Good Essays
  • Good Essays

    There have been ongoing debates about the guidelines for police officers when conducting discretionary searches. One police department that has been in the headlines for its practices of discretionary searches have been the New York City’s Police Department. New York City’s Stop and frisk policy allowed police officers to stop and search an individual on the street at their discretion based on suspicion of criminal activity. One of the most highly publicized cases of NYPD’s stop and frisk tactic was the 2014 death of Eric Garner in the hands of Staten Island Police Department. The Eric Garner’s case followed outpours from citizens calling for change in NYPD’s stop and frisk guidelines and other police departments as well. This week’s article…

    • 632 Words
    • 3 Pages
    Good Essays
  • Good Essays

    If stop and search is used proportionally and intelligently the police can then protect the public and help reduce crime. However, there need to be an improvement…

    • 409 Words
    • 2 Pages
    Good Essays
  • Better Essays

    Policing History

    • 1023 Words
    • 5 Pages

    Lyman, J. L. (1964). The Metropolitan Police Act of 1829: An Analysis of Certain Events Influencing the Passage and Character of the Metropolitan Police Act in England. Journal of Criminal Law, Criminology, & Police Science, 55(1), 141-154. Retrieved from http://ebscohost…

    • 1023 Words
    • 5 Pages
    Better Essays

Related Topics