An unlawful Police stop-and-search is the subject of this week’s blog post, which I will use as a case study to illustrate the wrongs Police often commit in these situations, and the rights you have against them.
Content Authenticity Statement
100% of this week’s blog post was generated by me, the human.
Unlawful Stop and Search by Greater Manchester Police
My client Pierre is a black man who was born in France, and speaks English as a second language.
One day in July 2023, he was walking home through Oldham, having attended his local gym, when two marked Police cars suddenly pulled up next to him and multiple Greater Manchester Police Officers alighted.
Pierre’s path was blocked by one of the Officers. My client attempted to walk around the Officer, however the Officer put his arm out to stop him from proceeding, and Pierre was then informed that he was being “detained” – but no explanation was given to him as to why.
Stopped, Detained and Handcuffed Without Explanation
Pierre accordingly decided to film the interaction on his mobile phone – something which I would always encourage people to do in such situations.
When Pierre protested that he needed to leave, he was grabbed by the Officers and forced against a wall. When he asked for the reason as to why he had been detained, the Officers told him to “stop talking” and to “relax”.
Still not having explained their actions – the Officers then handcuffed Pierre’s hands behind his back, causing him sharp pain and discomfort in addition to his shock and disorientation.
Pierre continued to ask why he had been detained, as was absolutely his right; eventually, he was informed that he was being detained under Section 1 of the Police & Criminal Evidence Act (PACE) 1984 for the purposes of a search, on the basis that he matched the description of someone who had been seen “making off” from the scene of a burglary.
My client pleaded with the officers to let him go, saying that they had stopped him for no reason and were hurting him. He was now being held by approximately four officers, whilst another began to search him. Pierre continue to protest his innocence.
Police Use of Force During a Stop and Search
Pierre was then taken to the ground, face down, by several Officers. His glasses were knocked off in the process, and one of the Officers put his knee on Pierre’s leg to pin him down.
My client was again told to “relax”, however he found this hard to do in the context of what was being done to him. The search continued whilst Pierre was being restrained on the ground in this manner.
One of the Officers again asserted that Pierre matched the description of someone who had committed a burglary. When he queried what that description was, my client was told that the suspect was “wearing a shiny coat and dark clothing.”
In response, Pierre pointed out that the coat he was wearing was not “shiny”. In the face of this vague and inaccurate assertion, with no other information being provided, Pierre naturally began to suspect that he was being detained not because of the colour of his clothing – but of his skin.
Can Police Demand Your Name and Personal Details After a Stop and Search?
The search was completed, and nothing had been found, as Pierre had no involvement with the suspected crime. An officer then asked for his personal details to “complete the search log.” Pierre protested – again, quite correctly in the eyes of the law, if not its officers – that he did not need to provide his details. At this point, despite the ‘negative’ search Pierre was still being held prisoner, restrained on the ground, and the officers were refusing to let him up.
Eventually, he was pulled to his feet, but the officers kept him in handcuffs, and continued to demand his personal details, including date of birth. The officers now threatened to take him to the Police station if he did not reveal his identity. They informed him that if he provided his details, he would be allowed to leave. My client knew that he was under no such obligation, and therefore continued to refuse.
Finally, Pierre’s resilience in defence of his rights was rewarded; despite their (unlawful) threats of incarceration, the officers removed my client’s handcuffs and allowed him to leave the scene.
When Does a Police Stop and Search Become Unlawful?
The law of England & Wales quite rightly respects, and jealously guards, the privacy and integrity of our persons. That is why the Police’s statutory powers to stop and search ordinary citizens in the course of their public business are hedged around and limited by a number of crucial rules, summed up by the “GOWISELY” mnemonic which outlines the criteria for a legal stop-and-search and the information the Police must provide to the subject of that search, in the interests of accountability and to prevent abuse of power, in accordance with Code A of the Police & Criminal Evidence Act.
A popular article which I wrote some years ago about GOWISELY can be read here, but in summary the information the Police must explain to you in such situations is as follows –
- Grounds – A clear explanation of the reasons for the Officer’s search, i.e why he finds you suspicious
- Object – What the Officer will be looking for (e.g drugs, or stolen or prohibited items)
- Warrant – Warrant card to be produced, if the Officer is not in uniform
- Identity – The Officer must state their name and collar number (except in terrorism cases, where the Officer can provide just his collar number)
- Station – The Officer must identify the station at which he is based
- Entitlement – The Officer must inform you of your entitlement to a copy of the stop/search record (which will be either handwritten or, increasingly, electronically recorded)
- Legal – The Officer must specify the legislation under which he is searching you e.g the Misuse of Drugs Act or Section 1 of PACE
- You – The Officer must clearly explain that you are being detained for the purpose of a search (and actually, although the spelling of the mnemonic requires this to come last – it should actually be the first thing you are told)
If the Officer conducting your search fails to comply with these behavioural steps then absent a good reason for such failure – such as fight or flight on your part – the search he is conducting of you is likely to be illegal and amount to false imprisonment and/or assault and battery, as well as trespass to goods if your belongings are taken/ interfered with.
What Lessons Can We Learn from this Case?
Applying these rules to the facts of Pierre’s case, the following key points stand out to me –
- Pierre was not initially told he was being detained for the purpose of a search (let alone its grounds), and this was therefore false imprisonment – the Police do not have a general authority to detain you short of arrest or a formal search (despite the amount of times they will purport to have such a power).
- He was quite right to make an independent record of what was happening to him – filming the Police in public is absolutely lawful, and your mobile phone is the independent witness in your pocket.
- Handcuffing does not go “hand in hand” with search powers – it is an extraordinary action which the Police can only take if there are objectively reasonable grounds to believe you are going to be physically resistant. Handcuffing must be justified on the individual circumstances of each case, or else it will be deemed to be an act of battery against you.
- Pierre was quite right to stand his moral ground and refuse the officer’s demands for his personal details – again the Police do not have a general authority to require us to identify ourselves, and this is the case even if we have been searched (the position changes upon arrest, of course – but a person cannot be arrested ‘just’ for not identifying themselves).
£12,000 Compensation for an Unlawful Police Stop and Search
Greater Manchester Police initially, and strenuously, disputed liability for Pierre’s claim, but, confident in our analysis of the evidence I and my expert team brought civil court proceedings on behalf of Pierre against the Chief Constable.
Although a Defence was filed apparently maintaining their denial, GMP proved not to have the stomach for the fight, and my colleague, actions against the Police specialist solicitor Alex Nelmes, has recently agreed a settlement of Pierre’s claim for damages of £12,000 plus legal costs.
So, if you are caught up in this kind of intrusive and violent Police search, remember your GOWISELY rights, record what is happening if at all possible, and come wisely – to this website.
My client’s name has been changed.
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Contact the Expert Police Misconduct Solicitor
Iain Gould is a solicitor specialising in complaints, claims and civil actions against the Police. With over 30 years of experience and a national reputation, he has successfully sued all 43 police forces in England and Wales challenging abuse of power and securing rightful compensation
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