What grounds do police need to strip search you cuff you and put you in a police van and search your car?

ChocLover

I'm not sure but if it is legal then it's disgraceful

LillyB

Yes, they have the power to stop and search for drugs. Just an unfortunate association and your girlfriend was in the wrong place at the wrong time.

Bardic

Sounds like "reasonable cause" to me, too. Your partner was talking to someone with drugs on him, they'd be justified - in fact, expected - to search your better half and the car, right there with the boot open. What if this druggie was in the process of obtaining his supplies from a dealer?

gomanyes562

They need "reasonable cause" to perform a search. I would say that finding cannabis is probably adequate grounds for most searches. Your question is not very readable so I'm not sure about the details.

stitched up

Politics, red tape, targets, etc. They are to blame as much as the police, I have seen 2 members of my family have problems with police mostly to be a statistic and meet targets rather than effect justice. The treatment of your friend I agree was a disgrace, but, if you didn't know her, could she have been a possible dealer?

Firebird

They just need to have reasonable grounds to suspect that an offence has been committed

Ian UK

Where did this happen? If you are in the UK then this wouldn't have happened as there are certain procedures and legislation that cover strip searches.

Please clarify

ragill_s1849

Yes, they have the right, in law, to search your partner. Your partner was with someone who had an illegal drug on them, so they were right to search her too. The handcuffs part sounds a bit harsh, but then you don't mention how your partner reacted. If she got stroppy (I'm not saying she did - it's just a possible reason), they probably cuffed her to make sure they were safe whilst carrying out the search. Again, the strip search seems a bit over the top, but then it also depends what information they'd received. Why did they just turn up and search the person your partner was talking to? They must have had some info this person was going to be there. A possible suggestion is that someone has told them your partner was dealing drugs to this other person. It's the only reason I can think they turned up and conducted a strip search. Otherwise it all seems a bit over the top.

Vince Lethal

Cops can pretty much do what they want when armed. They won't be able to use what they find unless they do it the right way or lie in court.

Never consent to a search of yourself or your car without a warrant. If you have a camera, get someone to tape the search in case the cops try to plant something in your car. And try to stay in a well-lit public place.

Llani

Well, the mother should have called a lawyer immediately. The reasonable cause might have been the weed they found on the other person, the cops probably thought the two were together. Unfortunately the news are full with stuff that police officers believe they can do to people. But as the car was the mother's, at least I assume that, the cops probably had no right for the search without a warrant.

Your friend should sue the cops.

thomkat

That's the other side of living in a safe community. Everyone is suspect.
You can't stop them but keep in mind...
" When you're with a fool, you're just as much of a fool as they are.

The police can get away with that " guilt by association " reasoning with people who have no money or power.

The city will is a party to any suit against the police and will use our tax dollars to defend them. Its would be an ugly fight at best.

ed209

There are so many factual errors in some of these replies its scary!

The short reply though is yes, they can.

It would be a stupid situation to find ourselves in if the police could not search two people who were together and their car when one of them (i assume) is using drugs in public. While i understand your partner was not with this person and the offender had not been in the car the police will assume they are and have been. Your partner may clear up the story when spoken to be the police but sadly criminals do lie!

As far as the 'wrongfull arrest' talk this is incorrect. You are NOT arrested when you are being 'stopped and searched'. You are detained. There is a difference in law and you can be taken to the station while detained in order for a strip search to be carried.

All that is required to perform a search is suspicion which is then carried out under S23 of the misuse of drugs act.

While policy may differ around the country 'search on concent' should no longer be done. The 'do you mind if we search you' question of the past was used in order to allow a search is now said because 'you are going to be searched' sounds more oppresive. As a rule police will ask first tell second. If a person refuses to be searched it can done by force.

While strip searches are horrible sadly they are sometimes required. Sadly your partner was in the wrong place at the wrong time. This search appears to be legal.

nosdda

Demand an apology from the Police, and if you don't get one then prosecute the Police for wrongful arrest. I think this is in the Human rights act.

Mr. Spock

None, we live in a Nazi police state, at least until Hitler steps out in about a year, in the meanwhile, we don't have any rights whatsoever, the Mafia took over, sorry.

stephen b

The police have no right to strip search a person merely on an associative suspicion of drug possession - it is an infringement of the persons human rights. Because the person was speaking to another person who was found to be in possession of drugs is not grounds for suspicion and the police officers involved are wrong to request a strip search.

I suggest you speak to a solicitor about the incident and decide whether you wish to take the matter further. At the very least you should get a written apology from the Chief Constable concerning the manner in which the officers conducted themselves.

If any person who speaks to someone who is in possession of cannabis needs to be strip searched then hundreds of law abiding people should converge on the local police station and demand a strip search so they can be eliminated from the current police enquiries regarding cannabis.

Bruce J

In America, they can. Although, normally they will take the person into custody, and drive them to the police station.

All it takes is suspision (like talking to someone else that had drugs on thier person) and you can be searched and held for up to 4 hours with no contact. After 4 hours, they have to either let you call a lawyer, charge you, or release you.

Dragoner

Here in Big Brother Police State UK, the fuzz can pretty well do what they like, except capture criminals who are protected by something called the "Criminal Human Rights Act".

You can be stripped naked and undergo a full humiliating body search here in UK for the following reasons : -

a] smoking while driving your car
b] day dreaming at the traffic lights
c] searching for something in the boot/trunk of your car
d] having an opinion which has not been approved by Big Brother
e] for being an individualist

Watching Them, Watching Us - UK CCTV Surveillance Regulation Campaign. ... Watching Them, Watching Us main site. Some of our recent visitors: ...
http://www.spy.org.uk

The UK population have NO civil RIGHTS except those granted during an emergency, such as is now in full force across the UK. The coded word for this exercise is "BLUE TONGUE".

Eywrshp

Arn't police suppose to be our servents?
If we as a society don't put a rein on the police we will all be living under martial law.

We all need to demand that law enforcement be monitored by civilian agency with the authority to fire a police officer from his job if he or she is found to be using their badge to abuse people.

We would get a better quality of police then.
The bad ones mess it up for everybody.

dickyb

Unfortunately in the police state, we know find ourselves living in. The filth can do just about anything they want, with little or no recourse. We as a society have very little protection against the totalitarian and draconian officianados that run the country, that is of course you are rich and can afford a high powered barrister to "defend" your rights. All these swines have to say is they saw you "acting suspiciously" and thats gives them enough reason to stop and search you. You can try making a complaint, but a pound to a penny it will fall on deaf ears.

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