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STOP AND SEARCH - A RELEASE REPORT ON POLICE POWERS AND PRACTICE

NCJ Number
55072
Author(s)
ANON
Date Published
1977
Length
22 pages
Annotation
COMMENTS REGARDING THE RELATION BETWEEN POLICE AND YOUTHS OVER POWERS OF SEARCH EXERCISED BY POLICE IN THE UNITED KINGDOM UNDER THE 1971 MISUSE OF DRUGS ACT ARE PRESENTED.
Abstract
THE ADVISORY COUNCIL ON THE MISUSE OF DRUGS (CANNABIS WORKING GROUP) ASKED RELEASE PUBLICATIONS LIMITED TO PROVIDE OBJECTIVE INFORMATION ON POLICE POWERS AND PRACTICES IN SEARCHING AND DETAINING PERSONS OR VEHICLES SUSPECTED OF POSSESSING CONTROLLED DRUGS. OF 14,099 PERSONS RECORDED BY POLICE TO HAVE BEEN STOPPED AND SEARCHED IN 1975 UNDER AUTHORITY OF THE MISUSE OF DRUGS ACT, 76 PERCENT HAD NO DRUGS IN THEIR POSSESSION. THE NUMBER OF OFFICIAL COMPLAINTS MADE AGAINST POLICE ABOUT THE USE OF THEIR SEARCH POWERS WAS MINIMAL FOR THE SAME YEAR, ALTHOUGH THE NUMBER WAS MISLEADING AS AN INDICATOR OF LEGITIMATE GRIEVANCES. THERE IS NO LEGAL PROVISION STATING THAT POLICE HAVE TO INDICATE THEIR REASONS FOR A STOP AND SEARCH. IT IS DIFFICULT, THEREFORE, TO IDENTIFY THE USE OR ABUSE OF A PARTICULAR STATUTORY POWER. STOPPING AND SEARCHING PEOPLE BEFORE FORMAL ARREST AND WITHOUT A SEARCH WARRANT IS A FAIRLY STANDARD POLICE PROCEDURE. THE MISUSE OF DRUGS ACT GIVES POLICE THE POWER TO STOP, DETAIN, AND SEARCH PERSONS AND THEIR VEHICLES IF THERE IS REASON TO SUSPECT THAT SUCH PERSONS POSSESS CONTROLLED DRUGS. AN ILLEGAL SEARCH, AT LEAST IN THEORY, INVOLVES A CIVIL WRONG FOR WHICH DAMAGES CAN BE CLAIMED. WHAT CONSTITUTES AN ILLEGAL SEARCH, HOWEVER, IS NOT CLEAR. THIS VAGUE POWER TO SEARCH PEOPLE FOR DRUGS IS VIEWED AS ONE OF MANY SIMILAR POWERS USED BY POLICE TO HARASS IDENTIFIABLE MINORITY GROUPS AND OTHERS. RECOMMENDATIONS MADE IN 1971 TO PREVENT POLICE POWERS FROM BEING USED IN A DISCRIMINATORY WAY HAVE BEEN TOTALLY INEFFECTIVE. THE GENERAL CONCLUSION IS THAT THE DRUG ISSUE CANNOT BE SOLVED BY THE CRIMINAL PROSECUTION OF USERS. EXPERIENCES AND OPINIONS OF 28 PEOPLE WHO HAVE BEEN STOPPED AND SEARCHED BY POLICE AND THE OPINIONS OF VARIOUS ORGANIZATIONS AND LAWYERS WITH KNOWLEDGE OF THE DRUG ISSUE ARE INCLUDED. THE USE AND EFFECT OF SPECIAL POLICE POWERS AT MUSIC FESTIVALS IN ENGLAND ARE DESCRIBED, AND FOUR CASES WHERE PEOPLE WERE STOPPED AND SEARCHED ARE EXAMINED IN DETAIL. THE IMPACT OF LAWS, FUNCTIONING INSTRUMENTALLY OR SYMBOLICALLY, ON PEOPLE'S ACTIONS IS DISCUSSED. (DEP)