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Stop and search

Answer

A Police Officer may stop and search you if they reasonably suspect you to be in possession of an illegal or harmful item. Officers must have a specific reason to conduct a search and must carry out that search using a specific statutory power. An officer cannot search you without a specific reason even with your consent.

In Scotland, the Code of Practice on the use of stop and search governs all situations when officers stop and search a person. An officer can search:

• you and your clothes
• anything you are carrying, such as a bag or wallet
• the vehicle you are travelling in (where applicable).

For more information see Related Information.

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Police Scotland uses Stop and Search as an operational policing tactic in the prevention, investigation and detection of crime, with the intention of keeping people safe and improving community wellbeing.

Police Scotland recognises that stopping and searching members of the public is a significant intrusion into their personal liberty and privacy and is committed to ensuring that when it is necessary to stop and search a person it is carried out in a manner that is lawful, proportionate and accountable.

Whilst carrying out the stop and search of a person, officers will act in accordance with the Code of Practice on the use of Stop and Search and Police Scotland's core values of fairness, integrity and respect. Police Scotland will ensure that an individual's rights are upheld in accordance with the Human Rights Act 1998 and the Equalities Act 2010.

For more information see Related Information .

 

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No, the police do not need any reason to stop any person driving, attempting to drive or in charge of a motor vehicle on a road for a routine check. The police can then require that you provide your name, date of birth, driving licence and insurance details. Failure to comply with any of these requirements is an offence.

The police cannot stop a vehicle just to carry out a random breath test. They have to have a reasonable suspicion that the person has consumed alcohol or drugs. Once the vehicle has been stopped for, perhaps, a routine check, this can be ascertained through the smell of alcohol, slurred speech or glazed eyes. Failure to comply with a request to carry out a breath test is an offence and the penalty is the same as if you had been convicted of being over the limit.

The police can, however, breathalyse a person without a reasonable suspicion that the person has consumed alcohol/drugs, if they have committed a traffic offence whilst the vehicle is in motion (e.g. driving carelessly, having defective lights, failing to comply with a traffic sign [obviously not a parking sign] or using a mobile phone).

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Police Officers will act with integrity at all times and treat you with fairness and respect. You will not be stopped and searched because of your age, sex, ethnic background or religion. Officers should explain why they have stopped you and before any search, explain what they are looking for. Being stopped by the police does not mean that you are under arrest but you will need to stay with the officer until they have completed the search.

After the search, officers should provide you a receipt for the search, which contains information about your rights and how you can access a copy of your stop and search record. You will not get a criminal record unless you are convicted of an offence. Any personal information collected will be kept for police purposes and then destroyed after three years. For more information see Related Information.
 

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