What are your rights when stopped by the police on the streets?

DennistheMenace

your a drunk minor, probably doing something stupid.......thats enough reason.......

trueblue3167

Yes, you can refuse consent, but based on the situation you just gave me, I can *easily* develop the necessary probable cause to peek into your bag and find your alcohol.

Once I have probable cause, I don't need your consent to search. No, I do not need a warrant. If you appear under age you can be detained for any number of things, if the officer sees what he believes is alcohol, a cigarette, if you're out past curfew, all good things.

badshotcop

Are you in the UK?
If so, if you're underage and stopped in the street on suspicion of consuming alcohol then a Police Officer or designated PCSO can confiscate the alcohol off you. Refusal to do so will result in you being taken to court.

A Police officer or designated PCSO can also search you or anything you are carrying for alcohol and dispose of it how they see fit.

They don't need permission, and a refusal will result in your being detained and a search by force being conducted (on the basis that you could be hiding something far more sinister than a bottle of Lambrini). Once that has been carried out you can be prosecuted for the offence.

As for stopping you because you look young, more likely you're being stopped because you're in a large, rowdy group. Only one person needs to be drinking to give the officers the reasonable suspicion they require to give them the right to search everyone in the group.#

I've also noticed that a lot of answers are for Americans. British officers are allowed to pat you down, search your pockets, remove your headgear and go through your bags in a public place. If they think you are concealing something else, ie drugs then they can detain you for the purpose of the search and take you somewhere private.
Again, a warrant isn't needed, only reasonable suspicion.
This is where, we as in British officers have an advantage over our American counterparts.

For your info, a "Designated PCSO" is a PCSO who has been authorised to use that power, ie searching people. It varies from police area to police area.

dcukldon

Required to tell you the purpose of the stop and search. You can be detained for that purpose and taken on some occasions to a police station and searched, searched by force if required.

No the police don't need permission and don't need a warrant.. You can also get a copy of the stop slip if not given one.

But judging on what you said, the police have more than likely been called by a member of the public reporting kids drinking (public order,nuisance offences etc as well as under age drinking) That alone is enough for the police to stop you giving them power to search you for numerous items and seize anything you may have that you shouldn't.. You could try refusing but i imagine you will be in cuffs before you can blink drunken disorderly,breach of peace, drunk on the street ect public order offences...

WELL SAID ERFMAN JACK

got to this website for info
http://www.saveyourcarlicence.com

Hockeyfan

An officer can approach you and ask to search you and your objects even if they have no reason to suspect that you have done anything wrong as long as the officer does not suggest or say that you are legally compelled to talk or submit to the search. (US V Dayton, 2002). You generally are not required to answer the questions or allow the officer to conduct the search.

Some States have stop and identify laws. If an officer has reasonable suspicion that you have engaged in a criminal activity, he can detain you and ask for ID. If the person refuses to provide ID they can be charged with resisting an officers lawful order (Hiibel Vs Nevada, 2004)

Please remember that you may think that you were acting totally normal but you were drinking. The officer, who likely sees people who have been drinking quite often, my have picked up on one of your behaviors that you had no idea you were even doing.

Unlike, what some on here are suggesting just because an officer says they can find probable cause or reasonable suspicion it does not mean they are going to make something up. They could have noticed something when they approached you. Like you were staggering, your smelled like alcohol or someone could have called and reported you.

Bertie

Stop and search powers are quite long winded and complicated, after the Brixton riots it was decided unlawful Police searches, concentrating on minorities, was largely to blame.
As such, and I am generalising a bit or we'd be here forever, 'Reasonable Grounds to Suspect' is the buzz sentance. If the Police have RGS you are commiting or involved in the commission of an offence then there will be a relevant power to Stop and Search, and you may be detained by force if necessary, without a warrant. If you refuse, an officer is going to ask "Why, what's he hiding and what's he done wrong"
They should inform you how and why they are doing this.
Search powers are in place to protect all law abiding citizens, and trust me most Police Officers don't want to search People unnecessarily. You'd be amazed what nasty things you find..

vdv_desantnik

theyre allowed to stop you on reasonable suspicion that you have committed an offence, are committing an offence or are about to committ an offence, but that youre young and have a bag is not a valid reason

Sherilynne B

Here's a pretty good link telling you what your rights are and what to do and what NOT to do.
It also explains how to deal with dishonest cops like trueblue above and the tricks they will try to get away with. Remember it is the MAIN duty of a cop to lie. Learn your rights and don't be fooled.

Chez_DeVille

A police officer needs probable cause to detain and question you. If you were staggering on the street, that would constitute probable cause, and a search warrant is not needed. If the police are in the middle of a hot pursuit or a fresh crime investigation, and you fit the discription of a suspect, that is probable cause, and the police have the right to stop you, and ascertain your identity. When they stop you, they cannot perform a full scale search, unless you give them permission. The police, however, can pat you down to make sure you are unarmed. The police will ask you if you have a weapon in the bag, and they will also feel around the outside of the bag to make sure there is no weapon, but they cannot look inside the bag unless you give them permission.

You should also note that a police officer can detain you until such time that a search warrant is obtained, provided that the police officer can articulate to a judge that he has a reasonable suspicion. So, a lot of times, if you have nothing to hide, it is always best to give permission for a search. Also, it is always best to play it straight with the police if no serious crime has been committed.

I am assuming that in your example that you are not driving a motor vehicle. If you are driving, then that gives a police officer much more discretion and opportunity to detain and search.

joeanimal

depends on what neighborhood your from and what color you are!!!

Gerald

If you refuse to do what the officer wants you to do. He will arrest you and hand cuff your hand and do i any way. The law is very specific--Refuse a police officer is a misdeamor....

Cho Chi Girl

Here's a dumb thought don't drink in public while underage and you won't have to grapple with that problem. I wouldn't advise denying the police any information, because they have the right to ask anything they want and if you don't comply you face being arrested anyway. Seems easier to just not break the law then you have no reason to worry. Police don't enjoy looking for trouble. They have a job to do. If you weren't breaking the law this wouldn't even be an issue. They do it because they want to make sure there isn't an any potential crimes going on. This is what they get paid to do. In other words, as a juvenile, who is caught with alcohol, I would say the cop has every right to ask questions and search your bag.

Jesse

The police can stop who ever they want for any reason at all.
you are allowed to refuse but then again if your not hiding anything why would you. They are required to have your permission unless you are arrested and then at that point they can search what ever they wont with out you permission.
You asked what your rights are: the same as veryone else a police officer stops. meaning you have the right to be treated fairly, respectfully and lawfully as long as you treat the police officer the same way. and of course the marinda rights if you are being "questioned" or arrested.

Roger N

Yup...Just like trueblue said...
They'll make up a reason to search and detain you. ;)
And then if you resist...they'll add that charge too.

tex

the reality is different form the "law"....the reality is you have NO rights...you can refuse their appeal for permission to search u or ur car, then they search it anyways because they have "reasonable suspicion" to believe a crime is occuring....in courts of law, police officers are called "expert witnesses", they have to offer NO proof for jailing you for public intoxication. in america, we have many rights yet NO freedoms....this is a country thatll give a 16 yr old a license to drive a 2000lb vehicle, potentially risking the lives of every other driver on the road. but if a 19 yr old man sleeps with a 16 yr old girl, hes sent to jail...lol

TURANDOT

They can't search you or your belongings without a warrant. Their trick is to ask:" Can we look in your bag?" If you say yes, you waived your right.

But if you didn't, and the cop still searched, you have a reason to file a citizen's complaint against him

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