The Doctor

What powers are there to deal with someone resisting a stop and search?

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May sound weird but I am interested to know what you would do if you were on solo patrol and you were about to search someone and they resist. Would you arrest them for Obstruction? Call another unit down to assist?

I was just wondering as I have not got a clue to be honest.

Kind regards,

Paulio

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You can use force if you need. If you get assaulted you can charge assault P.O. Advisable to call for backup beforehand, if you suspect there might be trouble.

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Hi there,

Ok, so you've got an individual who you want to stop/search and who is actively trying to resist you, presumably physically.

As you know, you have various powers to detain and search whilst using reasonable force to do so.

You can arrest for obstruction as the points to prove are fulfilled. However you would need to consider the necessity for the arrest insofar as the aim - you want to search them - you've already got those powers open to you.

Remeber to abide by GOWISELY.

:crazy:

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If you are conducting a s23 drug search and the subject obstructs you then they commit an offence contrary to s23 (4)(a) of the misuse of drugs act. This section states

A person commits an offence if he—

intentionally obstructs a person in the exercise of his powers under this section;

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You can use reasonable force under section 117 PACE when exercising powers under the same act. However depending on the level of obstruction/resistance there may be a power of arrest anyway. As stated above you will need to satisfy the necessity test...IDCOPPLAN.

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obstruct / resist / assault con in execution of duty

obstruct MDA seasch

section 5 POA

section 4 POA/

The powers are endless

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Guys thank you for your advice. I am a very new Police Officer and saw that not knowing an answer to that question is bad, as its going to happen to me soon enough. I just want to do things right.

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fair play mate. you just got to learn to work it to them. powers exist, you just got to know what they are and how to apply them

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S117 PACE to use reasonable force to carry out the search.

Maybe O from Idcopplan for Obstruction

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Or maybe just I. prompt and effective INVESTIGATION. you are investigating a possible drug offence, or have reasonable grounds to investigate possibly?

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