Reasonable Opinion In The Police Force

Improved Essays
Reasonable suspicion protects the suspects, while it allows the police to do their job the right way. In orders to balance the power of the police with the rights of suspect, PACE was introduce as guideline. Police and Criminal Evidence Act 1984 states that the police can search an individual at a “place to which at the time when he proposes to exercise the power the public or any section of the public has access, on payment or otherwise, as of right or by virtue of express or implied permission”. However, reasonable grounds for suspicions depend on the conditions of each case at the time of the search. Police officers have high level of authority over the public, which gives them the right to stop and search any individual. Nevertheless, …show more content…
The police use this method to deter weapons, drugs and stolen properties, which in return make communities safer. The Met commissioner, Sir Hogan-Howe revealed how crime in London had dropped by 30% overall. For example Newham figure shows reduction on crime 5,871 to 3,804 and knife crime injuries up from 57 to 66. This changes are dues to the stop and search in the police force. Although, it has been pointed out that “knife crime is at its lowest in seven year” Theresa May believe that it is unfair, and wastes valuable police time time carrying out unnecessary stop and search. Thus, she says, the police could put their time in a better use by focusing on working with gangs and creating enhanced relationship with the …show more content…
Example such as this is what encourages the public to have bad perception of the police. If a search takes place, the police should have reasonable grounds, which may lead to an arrest. If this will lead to an arrest, each stage should be carried out with a view towards authoritative legal resolution, whether that is to be done through a warning, caution, plea or trial. This case of Dryburgh v. Galt 1981 J.C. 69, 72 illustrated how inconsiderable the police as they did not think through the process as it was questionable to whether the police officer had reasonable cause to “suspect that the appellant had alcohol in his body while he was

Related Documents

  • Improved Essays

    In this case of Illinois v. Wardlow, Sam Wardlow, a 44-year old black man was wrongly searched after he was apparently seen acting ‘suspicious’ when he ran after he saw four police cars driving up. He was then chased by Timothy Nolan, a veteran police officer, as he believed Wardlow as guilty. The officers believed him to be in a ‘high crime area’. They caught up to Wardlow and frisked him. During the search, they found a handgun.…

    • 351 Words
    • 2 Pages
    Improved Essays
  • Decent Essays

    Fourth Amendment Warrants

    • 169 Words
    • 1 Pages

    In chapter six, the author examines searches for evidence. The fourth amendment commands the use of warrants. As previously stated, warrants usually consist of three elements to meet the fourth amendment standard. I believe the knock and announce rule is truly effective procedure because this standard can protect officers from injury and more than likely preserve physical evidence from being destroyed. This is also a valuable tool in preventing a high risk target from escaping the scene.…

    • 169 Words
    • 1 Pages
    Decent Essays
  • Improved Essays

    Stop And Frisk Case Study

    • 1706 Words
    • 7 Pages

    Officers only need a reasonable suspicion of wrongdoing. The term “Stop and Frisk” is a technique which is utilized by police officials for the reduction of crime through stopping and searching the individual(s) they suspect of committing a crime or in possession of illegal weapons or drugs. This policy has been under a constant debate based on the facts that it promotes racial profiling, that stops can be considered illegal, and this policy invades the privacy of all individuals.…

    • 1706 Words
    • 7 Pages
    Improved Essays
  • Improved Essays

    Probable Cause Case

    • 567 Words
    • 3 Pages

    In reference to the Constitution of the United States of America, the Fourth Amendment is set to protect the American citizen from unlawful searches and seizures (Samaha, 223). According to this statement and how such relates to the presence of Law Enforcement in our daily lives; officers must have probable cause if they intend to investigate an individual for a particular reason. Probable Cause states that the particular officer(s), must have factual evidence that a crime is being or is about to be committed before he or she investigates a person (Samaha, 225). With the numerous incidents that have involved Law Enforcement officers performing unlawful searches, and utilizing things such as excessive force to subdue a suspect, the trust of the community in these government officials has been on the decline. Luckily perhaps, the…

    • 567 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Mapp Exclusionary Rule

    • 549 Words
    • 3 Pages

    If a police officer suspected a criminal of violating the law, the officer had the right to search the suspect without any warrant. Moreover, Mapp v. Ohio limited what police can do to a citizen. For example, a police can’t search another person without any “reasonable suspicion” or “probable cause”. Furthermore, Chief Justice Warren introduced a new rule: inevitable discovery rule.…

    • 549 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Why Probable Cause Exists

    • 773 Words
    • 4 Pages

    Consent is one of the many types of exceptions that typically involves an individual giving law enforcement the right to search him or herself or their residence without a warrant. In order for the consent to be valid, it must be given without coercion or deceit. For the second exception, search incident to lawful arrest, law enforcement officers are allowed to legally search a person or their surroundings immediately after their arrest no matter what the individual was arrested for. Once the suspect is removed from the premises where the arrest took place all searches must come to an end. The purpose of this exception is to locate any possible weapons and provide a sense of safety to the officer during the process of an arrest.…

    • 773 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Stop And Frisk Case Study

    • 887 Words
    • 4 Pages

    Q3. Describe a case incident where a ‘stop and frisk’ is allowed and rationale for it. A ‘stop and frisk’ is something when a police officer stops an individual or a group to question and further to search for weapons or any illegal activities under criminal circumstances. Search includes patting down i.e. checking an individual with hands from the top of the clothes and also removing upper part of clothes if the officer thinks the suspect is carrying some armed weapons and is dangerous.…

    • 887 Words
    • 4 Pages
    Improved Essays
  • Great Essays

    Moot Court Case

    • 1647 Words
    • 7 Pages

    The Fourth Amendment was created by our Founding Fathers for this exact reason. If a police officer can conduct a warrantless search without receiving adequate consent then our Fourth Amendment right to privacy will continue to be violated, a violation our great Constitution does not permit. In Matlock, the court decided that a third party could give consent to search if they had common authority over the object or premises. U.S. v. Matlock, 415 S. Ct. 164, 171 (1974).…

    • 1647 Words
    • 7 Pages
    Great Essays
  • Improved Essays

    “The Fourth Amendment of the U.S. Constitution provides, "[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized”( Interests Protected law.cornell.edu). Probable cause is if there something that's easily to tell that something's wrong or not right. Like if it's a murder scene or they can smell drugs or smell alcohol in the car. But very many cases are being dismissed because of the failure of the use of a search warrant. Even though that really isn’t a good thing it assures you because of the fourth amendment you can't go to prison because it’s a cop's word against a civilians.…

    • 618 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    What Is Probable Cause

    • 262 Words
    • 2 Pages

    Reasonable suspicion and probable cause can each play a role in making an automobile stop, however the terms are used interchangeably. The term, probable cause” is used to “support” a traffic stop, whereas the term “reasonable suspicion” is used as a standard that complies with the Fourth Amendment; the right against “unreasonable” searches and seizures. So if officers are within the rights, he may then proceed to stop a vehicle; that is if he has “reasonable suspicion” to believe that a traffic violation or crime has occurred. In an investigatory stop, the stop must be temporary and not last any longer than what is necessary for the purpose of the stop.…

    • 262 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    Stop And Search Method

    • 735 Words
    • 3 Pages

    The ‘Stop and Search’ method is used by police in the UK as a safety measure to try and prevent the possession of illicit items such as: drugs, firearms, knifes, and stolen property. This has been corrupted with racism and sexism as police target black people. I think this is wrong because it is blatant racism and there are no punishments. The ‘Stop and Search’ method was introduced in 1984 and is a controversial issue due to it being deemed as racist towards ethnic minorities. The stop and search method is also said to be one of the main reasons for the feud between black people and the police.…

    • 735 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Essay On Stop And Frisk

    • 1259 Words
    • 6 Pages

    Crime in the United States has been very bad in the last couple decades, though in the more recent years’ crime has been steadily decreasing. The police have been implementing a way of reducing crime by using the method of stop and frisk mostly in cities such as New York City or Chicago which are more prominently used. Stop and frisk is when a police officer has reasonable suspicion that a crime is going to happen, about to happen, or has happened before stopping a suspect. The officer then goes on to do a quick pat down to see if they have anything suspicious on them. There are different points of view of whether or not the act of stop and frisk should be legal or not.…

    • 1259 Words
    • 6 Pages
    Improved Essays
  • Improved Essays

    In the scenario, there are three types of people or things involved the police, the courts and corrections. Now with each one of these things someone who works as a correctional officer, a police officer or a judge can use discretion in order to do their job to the best of their ability. However, it is stated that discretion is the power or right to decide or act according to one’s own judgment; freedom of judgment or choice (dictionary.com. n.d.). Therefore, when it comes to a police officer using his or her discretion in order to get consent to search the house versus an actual search warrant would have really changed the outcome of the scenario. The reason for this is because if he or she had search the house with the consent of the suspect…

    • 1049 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    It is common for a search to be defined as any action by government officials, which involves seeking for indication of a violation of law. Nonetheless, according to the Court’s cases, a search ensues when there is a physical invasion into one of the “constitutionally protected areas” which can be associated with the Fourth Amendment: persons, papers and effects (Whitebread and Slobogin, 120). Silverman vs United States (1961) exemplify how searches have conditions. Evidence officers gathered by…

    • 490 Words
    • 2 Pages
    Improved Essays
  • Superior Essays

    Discretion is defined by “the freedom to decide what should be done in a particular situation” (dictionary.com). Police officers are given this power of discretion in many legal areas. The policy idea stems from the notion that due to past experience, officers might have a greater understanding of the situation and without discretion an officer may be put in harms way. However, this principle is what gives police and judges the power to discriminate against minorities for discretion gives police an almost ultimate power in certain situations. For example, a police officer says, I thought he had a gun and a violent act can be justifiable.…

    • 1053 Words
    • 4 Pages
    Superior Essays