NIGERIA POLICE FORCE

FORCE ORDER ON STOP AND SEARCH

Foreword
Stop and Search remains one of the most essential powers the police have for
protecting the public, tackling crime, and keeping the streets safe. Police
officers must note that their interactions with the public, especially during Stop
and Search encounters, have a more or less restrictive effect on individual
rights.

Over the years, the disproportionate use of Stop and Search in Nigeria has
damaged police-community relations which has led to mistrust and lack of
cooperation between the public and the police, this relationship needs to be
remedied. Officers on Stop and Search operations are to conduct themselves
with the utmost professionalism and respect of the rights and dignity of
members of the public. When the conduct of Stop and Search does not follow
legislation and guidance; it is rendered incompatible with the provisions of
human rights.

As officers, we must always act in accordance with the law and this includes
the legal authority to search. This includes having sufficient "reasonable
grounds to suspect" or "reasonable grounds to believe" if the power you are
using requires this. Your Intelligence, observation or those of your colleagues
or a witness may inform the grounds for Stop and Search. Section (9)(2) of the
Administration of Criminal Justice Act, 2015 provides the parameters for which
a suspect can be searched and it stipulates that “unless there are reasonable
grounds for believing that a person has in their persons any stolen article,
instrument of violence or poisonous substance, tools connected with the kind
of offence which he is alleged to have committed, or other articles which may
furnish evidence against him regarding the offence, which he is alleged to
have committed”. Information describing an article, a suspected offender, or a
person in possession of a stolen item must therefore be on reasonable
suspicion.

This Force Order is to support police officers in the lawful, proportionate and
effective use of Stop and Search as an operational tactic while ensuring that
any such use remains professionally compliant with the law. The primary
purpose of Stop and Search is to put to rest or confirm officers' suspicion
about an individual without having to arrest them. Without the power of being

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able to Stop and Search individuals suspected of having participated in or are
about to commit a crime, we would face a much tougher challenge on our
streets.

Officers should note that searching without a lawful authority could amount to
an assault, and an infringement on individuals' rights.

Officers must also ensure that any Stop and Search is proportionate to the
legitimate aim pursued and necessary in our emerging democracy. If an
officer's action infringes on someone's rights in a way that is out of proportion
to the legitimate aim pursued, this would undoubtedly amount to a violation of
those rights.

Officers should remember that it is the right of the person stopped not to
answer questions. No offence is deemed to have been committed for not
responding to any questions, but this does not prevent you from asking
questions. The refusal not to answer any questions cannot on its own, form
the basis of reasonable grounds; you would need other factors. Remember, if
you do not have a power of arrest, or an authority to detain the person to
search them with sufficient reasonable grounds, the person is free to leave at
will and cannot be compelled to remain with you by force or otherwise.

I believe officers will follow the procedures clearly articulated in this Force
Order and ensure that they exercise their legal power only when they
genuinely suspect that doing so will further their investigation into criminal
activity.

Finally, a Stop and Search is most likely to be fair and effective when the
search is justified, lawful, and stands up to public scrutiny. The officer has to
show a genuine and objectively reasonable suspicion that they will find a
prohibited object or item for use in any crime. The person stopped
understands why they have been searched and feels they have been treated
with respect and evident that the search was necessary and was the most
proportionate method the police officer could use to establish whether the
person has such an item.

I want to appreciate the support of the British Councils’ Rule of Law and Anti-
Corruption Project (RoLAC), and the Consultant to this project AIG Austin I.
Iwar, rtd, for ensuring the completion of this work.

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IGP Usman Alkali Baba, NPM, mni.
Inspector General of Police
Nigeria Police
2021
FORCE ORDER ON STOP AND SEARCH

1. Introduction
1.1. One of the core mandates of the Nigeria Police is to prevent crime
and apprehend persons who contravene the law, uphold the law,
and maintain peace. Stop and Search can help to achieve this task
when used appropriately and proportionately. However, if handled
inappropriately, unlawfully, and unfairly, it may cause distress to
members of the public and have negative consequences on the work
of the police. The powers of Stop and Search must be used fairly,
responsibly and respectfully. Using the powers appropriately means
acting lawfully and, in a manner, proportionate to the circumstances.
Officers must:
a. have reasonable grounds to use the powers.
b. use them without any bias against or in favour of any person
or group.
c. do no more than is necessary to achieve a lawful aim, and
d. follow the correct and proper processes.

1.2. An officer may stop a person in a public place, after having identified
themselves as a police officer, if they reasonably suspect that a
person has committed, is committing, or is about to commit a
criminal offence or violate regulations. Both pedestrians and persons
in vehicles may be stopped and searched.

1.3. Stop and Search can play an essential role in the detection and
prevention of crime, and using the powers fairly makes them even
more useful. Section 49(1) of the Nigerian Police Act, 2020, states
that, "A police officer may exercise the power of stop and search in
any:
a. place 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; or
b. other place to which the public has ready access at the time
when he proposes to exercise the power, but which is not a
private residence”.

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 1.4. Section 49(2) the Nigeria Police Act further states that “A police
officer may detain and search any person or vehicle where:
a. reasonable grounds for suspicion exist that the person being
suspected is having in his possession; or conveying in any
manner anything which he has reason to believe to have been
stolen or otherwise unlawfully obtained.”
b. reasonable grounds for suspicion exist that such person or
vehicle is carrying an unlawful article or offensive weapon.
c. reasonable grounds for suspicion that incidents involving
serious violence may take place within a locality.
d. information has been received as to a description of an article
or offensive weapon being carried or of a suspected offender;
and
e. a person is carrying a certain type of article or offensive
weapon at an unusual time or in a place where a number of
burglaries or thefts are known to have taken place recently.”

1.5. If, in the course of a search, a police officer discovers an article or

offensive weapon which he/she has reasonable grounds to suspect
to be stolen or prohibited article, he/she may seize it.

1.6. Under the Standards of Conduct and Attribute of a Police Officers,

officers are to develop attributes of integrity in refusing to allow
religious, racial, political, or personal feelings or other considerations
to influence them in the execution of their duties. Officers are to
develop attributes of impartiality in the avoidance of feelings of
vindictiveness or the showing of vindictiveness towards offenders.
Stop and Search are to be done with courtesy and consideration,
seeking the cooperation of the person to be searched.

1.7. In carrying out this responsibility, the police have the power to Stop
and Search any persons they suspect to be carrying something that
they should not have, such as illegal drugs, a weapon, or a stolen
property. Being searched does not mean that one is arrested or that
one has a criminal record.

1.8. Appropriate use of Stop and Search also means officers are
adopting a “procedural justice” approach, that is, making decisions
objectively and treating people respectfully. Officers should:

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 a. make impartial decisions based on the facts and explain those
decisions.
b. allow people to tell their side of the story and listen to them.
c. demonstrate they are trustworthy, and
d. treat people with respect and dignity.

1.9. This Force Order clearly articulates when a police officer can use the
power of Stop and Search, how the search should be done and what
information about the search should be recorded. It will include the
legal obligations that officers must consider at the time stop and
search is undertaken, including the requirement to record the
activity. Officers should remember there are distinct differences
between the recording of an element of Stop and Account and Stop
and Search.

2. Legislation – the Power to Search

2.1. The primary purpose of Stop and Search is to enable officers to allay
or confirm suspicions about individuals without exercising the power
of arrest. The power of the police to conduct Stop and Search is
reflected in the following legislations and UN Standards:
a. Nigeria Police Act 2020, Sections 49 to 57
b. Administration of Criminal Justice Act, Sections 9.
c. UN Peacekeeping Standards for Formed Units.

3. Definitions
3.1. Reasonable Suspicion: means that there must be evidence-based
on facts, information or intelligence.

3.2. Stop and Search: A Stop and Search is one conducted by a police
officer in the course of their duties where a person who is not in
police custody is searched using a specific statutory provision or
following a search warrant issued by a court.

3.3. Stop and Account: Where an officer requests a person in a public

place to account for themselves, i.e., their actions, behaviour and
presence in an area or possession of any particular item. Public
place is a place where people have ready access at the time of the
‘stop and account’ but which is not a dwelling place. This applies
when a person is personally held to account about themselves and
will not include instances where an officer questions a person about

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 the actions of another. Officer must record the name, date and time
of the encounter.

3.4. There are numerous legislative powers available to a police officer to

conduct a Stop and Search procedure. Officers must be aware of the
main Stop and Search powers available to them within their current
role.

4. Objectives /Principles Guiding

4.1. The best motive for a Stop and Search should be the search for an
article, offensive weapon, suspect, or group of suspects. Description
of the article(s) or offensive weapon searched must be specific and
must relate to the grounds for search. “Prohibited Article” is not a
sufficiently particular object. The nature of the article being sought
should be specified, for example, an offensive weapon, knife or
bladed implement or drug. The extent and magnitude of the search
will be related to the nature of the article searched, with dangerous
and precious objects attracting more resources and energy to the
search.

4.2. Grounds for a lawful search would have to come to an end where the
purpose of the search has been achieved. However, on occasions,
further reasonable suspicion may arise during a search. In such
cases, the officer should explain the new grounds and object of the
proposed “further” search to the person before any further search is
conducted.

4.3. Respect for the Rights of Citizens

The power to Stop and Search is discretionary. Before exercising the
discretion to Stop and Search, officers will need to consider the
following to ensure that their decisions will not contravene Human
Rights, constitutional rights and other relevant aspects of the law. In
specific terms, officers should be mindful of the following (PLAN B):
a. Proportionality: Officers’ actions must be proportionate to the
purpose. Actions must be fair and achieve a balance between
the needs of community and the rights of the individual. Is the
action being taken by the police proportional to the
act/problem they are seeking to stop/prevent?
b. Legality: There must be a legal power or purpose. Actions
must be supported by relevant laws. Officers must know basic

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 powers in relation to stop and search. Police actions must be
based on clear and publicly available legal authority.
c. Accountability: Officers are accountable, and actions will be
open to scrutiny and should fully recorded including options
considered. All police personnel, including officers who are
engaged in 'Stop and Search' operations, must carefully think
through their actions before embarking on them and should be
ready to show clear reasons behind such acts.
d. Necessity: Actions must be necessary in the circumstances.
Any infringements of rights must be justified.
e. Best Information: All decisions must be based on the best
information available at the time. Officers should consider the
reliability of the information they receive.

4.4. Accountability: Officers carrying out Stop and Search operations

are fully accountable for their actions. All decisions and actions taken
during a Stop and Search Operation must be documented and open
to scrutiny.

4.5. Police officers must always be mindful of the fact that their primary
duty is to protect and uphold human rights. There are no exceptions;
everyone is included and equal before the law; victims and potential
victims of crime as well as suspects and offenders.

4.6. The use of legal powers in stopping vehicles and, in particular, the
use of 'Stop and Search' powers, is an intrusive use of the authority
which impacts upon a person's liberty and dignity. It is a serious
matter and should only be used when it is the least invasive option to
achieve a purpose. Dignity of person must always be respected, and
all actions must be fully accountable, reasoned, and recorded.

4.7. All police personnel are therefore expected and are obliged to desist
from 'Stop and Search' Operations at any point if there ceases to be
reasonable grounds, or if a less intrusive way of achieving the same
purpose becomes apparent.

5. Role of Commissioner of Police (CP)

5.1. The CP has strategic responsibility for the appropriate use of Stop
and Search powers. However, due to the importance and sensitivity

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 of the nature of this area of policing, the Deputy Commissioner of
Police (DCP) (Operations) will take the tactical lead.

5.2. The DCP will ensure that all officers understand the use and
application of Stop and Search powers. This Force Order will be
made available to all officers and a subject of daily briefings.

5.3. Where feasible, ensure that Officers explain to local communities the
reasons for Stop and Search.
5.4. Monitoring the use of Stop and Search power across the Command,
using information from the database to identify trends and any
evidence of improper or inappropriate use of the powers of Stop and
Search.

6. Role of Divisional Police Officer or Police Commander: These roles

include:
6.1. Monitoring the use of the power of Stop and Search at
Divisional/Departmental level; using information from the database to
identify trends; and any evidence of improper or inappropriate use of
the powers of 'Stop and Search' for example targeting a particular
ethnic, religious or other social group. Action must be taken to
address any problems identified.

6.2. Ensuring accurate statistical data is completed and submitted to

headquarters, statistics department for regular statistical returns.

6.3. Ensuring that supervisors are fulfilling their role in scrutinising

activities of their officers and are supported in challenging
inappropriate behaviour.

6.4. Ensuring that the number of Stop and Search is not just a
performance indicator, the focus should be on quality and building
relationships with communities.

6.5. Ensuring that analysis is undertaken at a local level, publicised and

acted upon in line with the aims of increasing public confidence,
ensuring legality and maximising effectiveness.

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 6.6. Ensuring that all officers know their responsibilities under this Force
Order and in line with regular police functional and operational
regulations.

6.7. Ensuring Records of Stop and Search should be shown to members

of the public and community leaders on Police Station Visit and
explanations on its use to build public confidence.

6.8. Ensuring that all divisional/command level officers know their

responsibilities as authorising officers for 'Stop and Search' and
other police operations.

6.9. Ensuring that the importance of intelligence from Stop and Search is
recognised by all police officers.

6.10. Ensuring that Stop and Search are quality assured in internal
inspections.

6.11. Ensuring that an analysis is undertaken by the Department of

Operations (DOPs) to assist DPOs in the interpretation of Stop and
Search Data in line with the objectives of increasing public
confidence, ensuring legality and maximising effectiveness.

7. Role of Officers on Stop and Search Operations: These includes:

7.1. Knowing their neighbourhood and being aware of the latest criminal
and community intelligence.

7.2. Being aware of the community's needs in terms of ethnicity, culture,

religion, disability, language and gender.

7.3. Having a sound knowledge of their powers and procedures and

using them objectively.

7.4. Recognising that not everyone who is stopped has to be searched. If

the grounds for a search cease at any time, the interaction should
tactfully be brought to an immediate close, thereby retaining mutual
respect.

7.5. Remembering that the absence of an arrest does not indicate that
the Stop and Search was unlawful, inappropriate or valueless. While

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 crime detection is a primary aim, negative searches can yield
valuable intelligence.

7.6. Being aware that they are liable not only for their actions but also for
the actions of their colleagues. All police officers have an individual
responsibility to challenge inappropriate behaviour of their
colleagues.

7.7. Recognising that anybody has the right to observe an officer conduct
a Stop and Search unless they are preventing them from exercising
their lawful duty or breaching the privacy of the person searched.
Treat it as an opportunity to show professionalism and inspire
confidence.

7.8. Understanding that Officers must always consider their safety and
that of others when searching.

7.9. Knowing that Officers shall inform the person of their rights before
searching.

7.10. All Stop and Search must be recorded on the prescribed Form, fully
completing all relevant sections clearly and concisely, including the
'object' and 'grounds', to justify the use of the power. Record this at
the right time and provide the person stopped and searched with the
relevant copy or copies. (Any exceptions must be wholly justifiable).

7.11. Persons searched should be asked to sign the Form (voluntary

request) and a copy/receipt given to them.

8. Role of Supervisors:
Though supervising officers may not be present the whole time at the
'Stop and Search' operation site, they need to do the following:
8.1. Check all forms submitted by their staff for completeness and legality
and signing them to this effect. If the Form is not acceptable owing to
the grounds, the object of search, integrity, or other reasons, this
should be recorded and the matter discussed with the officer
concerned, and where necessary consideration should be given for
remedial training and, or disciplinary action.

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 8.2. Monitor the use of 'Stop and Search' powers for compliance with
these regulations, considering in particular whether there is any
evidence that the powers are being exercised based on stereotyped
images or inappropriate generalisations and should monitor records
for any trends or patterns which give cause for concern. (If required,
Station Officer will be able to assist with the provision of figures for
individual shifts/officers).

8.3. Should breaches of these guidelines be evident, appropriate action

should be taken.

8.4. Ensure that officers are actively supervised, led and supported and
encouraged to promote effective use of Stop and Search. Adequate,
visible supervision ensures best practice.

8.5. Give regular feedback to their officers in respect of the use of Stop
and Search, recognising and rewarding good practice when it is
identified.

8.6. Remember Quality vs Quantity rule and ensure integrity is not

compromised.

9. Grounds for Reasonable Suspicion

9.1. While exercising their power to Stop and Search officers shall be
prepared to answer the question "why did you stop me?" Police
officers using their powers of Stop and Search cannot do so unless
they have reasonable suspicion that a search will reveal the items
sought. Having reasonable doubt that would justify a stop, Police
Officers must have "specific and articulable facts" that indicate the
person to be stopped is or about to be engaged in criminal activity.

9.2. For every Stop and Search, there must be reasonable

grounds/suspicion based upon objective grounds, specific to the
circumstances of that Stop and Search.

9.3. Reasonable suspicion depends on the "totality of the

circumstances". Officers must, therefore, be mindful of the following:
a. Officers must note that reasonable suspicion must be
objective and, in each case, based upon facts, information or

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 intelligence relevant to finding stolen or prohibited articles or
an object of a particular kind.

b. The facts, information or intelligence must be relevant to the

likelihood that the object in question will be found. A
reasonable person would be entitled to reach the same
conclusion, that it is justified, based on the same facts,
information or intelligence.

c. When deciding whether a Police officer has reasonable

grounds to Stop and Search a person, they must consider the
following: Does
(i) the relevant information and/or
(ii) observed behaviour indicate that the person at this
time has an object to which a power of search
applies?

d. There must be reliable supporting intelligence, information or

some specific behaviour by the person concerned. For
example, a person’s race, gender, ethnic background, age
(with the exception of under-aged drivers), appearance, or the
fact that the person is known to have a previous conviction,
cannot be used alone or in combination with each other as the
reason for searching that person.

e. Reasonable suspicion cannot be based on generalisations or

stereotypical images of certain groups or categories of people
as being more likely to be involved in criminal activity. For
example, persons with particular haircut, dreadlocks, or
dressing. Bland statements such as “known criminal”, “known
drug user,” “high crime area”, “time of day” or a combination of
these are not acceptable or valid, because they are neither
detailed nor specific. Phrases such as “acting suspiciously”
and “furtive behaviour” must be qualified by specific detail of
action or conduct, for example “seen to quickly hide object
under coat, dress or gown” or “matched description of person
reported to be carrying knife”.

f. The reasonable suspicion of an officer must be linked with

accurate and current information or intelligence to enable stop

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 search powers to be used, where they are part of a target
police operational response to a crime trend or crime pattern
and will inconvenience law-abiding citizens.

g. Reasonable suspicion may also exist without any intelligence

or information based on the witnessed behaviour of the
individual. Where this occurs, officers shall engage with the
individual to establish, if possible, any innocent explanation for
the events observed. Depending upon the quality of the
answer given, they may reasonably suspect a search is likely
to reveal any items sought.

h. Officer(s) should explain to the person(s) stopped, why they

have formed a reasonable suspicion sufficient to support the
execution of a Stop and Search. Providing an informed
explanation is critical to improve the quality of the encounter
and to ensure that it does not lead to altercations, a reduction
in public confidence or a feeling of unfairness. Officers must
conduct searches with the utmost sensitivity and respect for
the rights of the person(s) stopped and assume that the
person(s) do not know anything about police procedures or
powers.

i. There are situations where reasonable grounds may not be

required to search. These, however, have to be authorised by
the CP under specific circumstances such as where there is a
threat of public order or to prevent acts of violence or
terrorism.

j. In circumstances as mentioned in (h) above, the CP must be

careful and ensure that they are applying the powers lawfully.
It is important that formal consultations and briefings are made
before any stop and search operations begins. But where this
is not possible the CP can hold informal briefings with all
officers taking part in the operations. It is equally important the
officers taking part in the operations fully understand their role
and responsibilities, and their powers of arrest under the
relevant laws.

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 9.4. Relevant Information: Information or intelligence available to the
officer must be accurate and current and should relate to the object
for which there is a power to search. For example, this could include:
a. report from a member of the public that a person has been
seen carrying such an object, or
b. information or intelligence from police briefing that a person
moves around with such dangerous objects or items at
specific times in specific places; or
c. report of crimes committed with which such an object would
constitute relevant evidence, for example property stolen in a
housebreaking and theft or an offensive weapon or bladed or
sharply pointed object used to assault or threaten someone.

9.5. Acting Suspicious: People are NOT suspicious, their behaviour is.
Officers must record their suspicions and belief when writing grounds
for their suspicion. If they can’t do this, then they do not have the
authority to search the individual. In formulating these grounds, the
officers are required to consider:
a. Evasive questions? What questions did they ask? e.g.,
evasive to questioning about where they had just come from
or why they were there?
b. Appeared nervous? Expand to include specific actions or
behaviour e.g., avoids police, sweating, muscles tensed,
pacing, refuses to co-operate, repeats question before
answering etc.
c. Fitted description of a suspect for a recent crime? –
Include a summary of the description and where the
description has come from e.g., black man, 18 years, red
bandana. How did the individual match this description? What
crime had been committed in the area and at what time?
d. Acting suspiciously? – observed behaviour. What exactly
was the person doing that caused the officer to believe they
were committing or about to commit an offence? e.g., pacing
up and down and trying to hide something? Such behaviour
may be linked to stolen or prohibited objects being carried.
e. Smell of drugs? The officer MUST be able to link the smell of
drugs to the person, what caused the officer to believe they
have drugs on them?

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 9.6. If the officer does not have the ground straight away but remains
suspicious, they can ask questions to confirm this suspicion, but the
officer must be prepared to accept they may not have sufficient
grounds to search at this time. Remember the officer MUST have an
honestly held belief that they WILL find evidence of a specific
offence.

9.7. Where a police officer forms an opinion that a person is acting

suspiciously or that they appear to be nervous without good reason,
the officer must be able to explain regarding specific aspects of the
person's behaviour or conduct that they observed, and why they
formed that opinion.

10. Intelligence and Information

10.1. Majority of Stop and Search activity must be conducted in locations
where an up-to-date intelligence picture would support the use of the
power. Daily intelligence briefings should provide information to
patrol officers and those involved in Stop and Search operations.
Informed professional briefings will assist in meeting local needs. In
turn, Stop and Search activities should also generate quality
intelligence reports. The intelligence received should be cross-
checked to ensure accuracy, relevance and be up to date.

10.2. The intelligence-gathering value of Stop and Search needs to be

promoted as such, whenever appropriate. Officers should complete
the National Search Record Form on all 'Stop and Search'
operations to make available relevant information to the Divisional
Intelligence Unit or other Intelligence Units. To ensure maximum
benefit from the detailed information captured, a weekly summary of
these reports or at the end of specific 'Stop and Search' operations
should be produced and forwarded to the DPO and copied to the CP
and Force Intelligence Department (FIB).

10.3. All intelligence and information should be evaluated, and risk

assessed for biases, conflict of interest or negative perceptions when
identifying offenders, targeted offences, targeted offenders and
crime hot spots in the analysis leading to use of stop and search.

11. General Procedure for Conducting Stop and Search

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 11.1. By minimum operating standards, all officers on Stop and Search
duty must be prepared to respond to necessary enquiries from
subjects of their search to assuage their concerns. Officers should
“GOWISELY” in the amount of information that must be given to any
person stopped. By this it means:
a. Grounds for the search: Officers must explain the
reasonable grounds for suspicion and an explanation of the
rights of the person to be searched.
b. Object of the search: Officers will have to inform the person
being searched what is being looked, for example, stolen
goods or drugs.
c. Warrant card: if in plain clothes, officers must show their
warrant card to the person stopped.
d. Identity: Officers must properly identify themselves. A visible
name tag should be displayed on their shirts, tunics, jacket,
raincoats or trench coats.
e. Station: officers must identify the police station, unit or office
they are from. In the case of enquiries linked to the
investigation of banditry, terrorism, communal crises or other
incidents where the officer reasonably believes that giving
their name might put them in danger, a warrant or different
identification number shall be provided.
f. Entitlement: Officers must explain the rights of the person to
be searched and the police powers to stop and search.
g. Legal Power: Officers must state the legal power under which
the search is being carried out. Officers should have a copy of
the search warrant (where available) for cross-checking by
subjects.
h. You are detained: officers must inform the person that they
are being detained for the purpose of a search.

11.2. Officers must act with courtesy towards the person stopped. The
officer must, in every case, give the person stopped an explanation
for the purpose of the Stop. This has a significant impact on public
confidence in the police. Every reasonable effort must be made to
minimise the embarrassment that a person being searched may
experience.

11.3. If the person to be searched, or in charge of a vehicle to be

searched, does not appear to understand what is being said, or there

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 is any doubt about the person's ability to understand English, the
officer must take steps to get the services of an interpreter.

11.4. If the person is deaf and is accompanied by someone, then the

officer must try to establish whether that person can translate or
otherwise help the officer to give the required information.

11.5. Officers must seek the cooperation of the person(s) to be searched

in every case, even if the person(s) initially objects to the search.
Force may be used when it is evident that the person(s) is unwilling
to cooperate or resists. Reasonable force may be used as a last
resort if necessary, to conduct a search or to detain a person or
vehicle for a search.

11.6. Officers should ensure that the length of time for which a person or
vehicle may be detained must be reasonable and kept to a minimum.
Where the officer has reasonable suspicion, the thoroughness and
extent of a search must depend on what is suspected of being
carried, and by whom.

11.7. Officers should detain a person only for the length of time necessary
to obtain or verify the person's identity, or an account of the person's
presence or conduct, or an account of the offence, or otherwise
determine if the person should be arrested or released.

11.8. If the suspicion relates to a particular object which is observed to be

slipped into a person's pocket then, in the absence of other grounds
for suspicion or an opportunity for the object to be moved elsewhere,
the search must be confined to that pocket. If it is a small object
which can readily be concealed, such as a drug, and which might be
hidden anywhere on the person, or in a vehicle, a more extensive
search may be necessary.

11.9. Officers shall conduct all searches with the utmost sensitivity and on
the assumption that the individual does not know police procedures
or powers.

11.10. Where the search is to be conducted in a public place, the

procedure shall be performed in a convenient area which is not in full
public view. In all situation, officers shall give a thorough explanation

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 with a polite but professional attitude to ensure the encounter is
positive regardless of the outcome.

11.11. The extent of the search will be limited to outer clothing, including
any jacket, headgear or footwear. Where there is a requirement to
remove any item of clothing other than the outer garment, the search
must be conducted at the nearest police station.

11.12. Officers shall not conduct any intimate search or direct any
person to remove any clothing in public other than an outer coat or
jacket. A search in public of a person's clothing which has not been
removed must be restricted to a superficial examination of outer
garments or clothing.

11.13. Nothing prevents an officer from placing their hand inside the
pockets of the outer clothing, or feeling around the inside of collars,
socks and shoes if this is reasonably necessary for the
circumstances to look for the object of the search or to remove and
examine any item reasonably suspected to be the object of the
search. For the same reasons, a person's hair may also be searched
in public.

11.14. Where the individual subject of the search is wearing a headgear

associated with their religion, careful thought and consideration must
be given before a requirement is made for the item to be removed. It
is quite possible the individual will consent to the removal of the
object but will insist on a degree of privacy. Where this is the case,
the officer should consider any suitable nearby location, including a
police station.

11.15. Where on reasonable grounds it is considered necessary to

conduct a more thorough search (for example, by requiring a person
to take off a shirt), this must be done in a police van or police station.

11.16. Any search involving the removal of more than an outer coat,
jacket, headgear or footwear, or any other item concealing identity,
must be by an officer of the same sex as the person searched and
may not be made in the presence of any one of the opposite sex
unless the person being searched specifically requests it.

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 11.17. Searches involving exposure of intimate parts of the body must
not be conducted as a routine extension of a less thorough search,
simply because nothing is found in the course of the initial search.
Searches involving exposure of intimate parts of the body may be
carried out only at a nearby police station or other nearby location,
which is out of public view (but not a police vehicle).

11.18. Officers must remain sensitive to issues relating to gender that

may be encountered whilst conducting a search, particularly one
which requires removal of more than outer clothing. Particular
sensitivity would be needed with the removal of outer garments
related to Items covering the face and worn on religious or faith
grounds.

11.19. Where Stop and Search operation results in the arrest of the
individual, the Stop and Search record will form part of the detention
and custody record. The arresting officer will be responsible for
informing the Charge Room Officer that a search has been
conducted. The process will follow the standard operating
procedures in managing people in detention and custody of persons.

11.20. Where a Stop and Search does not result in the arrest of the
person searched, a record will be made in the presence of the
person in the police pocket notebook and the National Stop and
Search Form. This record must be made on the spot and a copy or
receipt of the document given to the person searched, unless this is
not practicable, in which case the officer must make the record as
soon as feasible after the search is completed.

11.21. Use of Force and Restraint: Officers must use the amount of
force that is necessary, proportionate, lawful, authorised and legal to
Stop and Search a person. Officers may use force when searching
someone only if they become violent. Officers may use force only if
they can justify it, and in line with the guidelines in Force Order 237
on Use of Force and Firearms.

11.22. Refusal to Cooperate: Officers should note that a person has

the right not to answer any questions. Refusal to cooperate or
answer any question should never form the basis of your reasonable
grounds to search. Officers would need other factors.

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 12. Search Tactics.
12.1. Maintaining Control While Searching: The appropriate search
technique will depend on whether the person is compliant or
obstructive. A search is far easier to complete on a consenting
person. Cooperation should always be sought, even when the
person objects to the search.
i. Communication: When initiating a search, the officer must give
clear verbal questions and commands to direct the person for the
purpose of the search, and to elicit information from them.
Questions and answers can provide information that will
safeguard the police officer. Officers should ask the person if they
have anything in their possession such as knives, needles or
sharp objects, that may harm the individual conducting the
search. These should be open questions including, ‘What
weapons or drugs have you got on you?’ and ‘Where are they?
Questions during a search may constitute an interview and so
must be recorded in the Police Pocket Notebook.

ii. Positioning and Balance: Control of the person and safety of

the police officer conducting the search is important. The officer
conducting the search should not stand directly in front, or behind
the person to avoid being kicked, kneed or head butted. A
compliant person may quickly become uncooperative or
aggressive. A planned approach will, therefore, allow suitable
reaction should there be a change in the subjects’ demeanour.
The officer should not become distracted or intimidated but
remain assertive while sympathetic to any possible
embarrassment the person may experience. Officers should keep
control while conducting searches of persons. It is therefore
important that officers:
a. maintain their balance,
b. position themselves at their advantage,
c. position the person they are searching to their
disadvantage.

iii. The officer should take up a four o’clock or eight o’clock position,
ensuring that they are not in a position to be unduly distracted. If
there is a solid structure, such as a wall, the officer may use this

20
 as protection behind them to prevent out-of-vision approaches by
offenders or persons intending to interrupt proceedings.

iv. The officer should stand in the ‘ready’ position with their weaker
leg forward and their weight evenly distributed. This is a stable
position from which officers can easily control the person they are
searching or retreat from if necessary. This:
a. allows the officer to search from an outside position which
puts them outside the fighting arc that is the distance in
which the person they are searching can attack you,
b. prevents the person being searched from seeing what the
officer doing,
c. helps to prevent them attacking the officer,
d. gives the officer protection to their groin area,
e. puts your back leg in the ‘loaded’ position ready for
unarmed skills if you need to use them, for example, a knee
strike

v. The person should be asked to stand with their legs slightly apart,
arms extended sideways with palms facing up and their fingers
extended. A visual assessment of the person should be carried
out prior to physical contact, looking for bulges, clothing
disarrangement or bodily compensation for something being
carried.

vi. Officers can keep the person they are searching off balance by
asking them to stand in a way that means that their hip is not in
line with their feet, which is a stable position. For example,
officers could ask them to lean forward slightly and look away
from them.

vii. Maintaining Control: Officers can control the person they are
searching by:
a. positioning themselves to their advantage and working with
other officers, giving themselves psychological dominance.
b. using their communication skills.
c. keeping the person off balance; and
d. preventing them from moving, for example: if they have
been restrained.

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 12.2. Quadrant Searches:
i. This involves searching a person methodically and systematically
in four positions. These are standing, kneeling, Seated and Prone
(that is lying down) positions. The search tactic used will depend
on the person being searched, how they react and the posture of
the officer. However, most searches will be conducted in a
standing position, but the officer may have to do other type of
search, for example, if:
a. the person has to be restrained or controlled,
b. the person cannot stand for a long time because of a
medical condition.
ii. To ensure the search is carried out systematically, an imaginary
line running vertically from the top of the persons’ head to
between their feet with a secondary line bisecting the first
horizontally at the belt line, will form four quadrants. This will
allow the officer to concentrate on one quarter of the person at a
time. Officers should remember to search over the imaginary
horizontal and vertical lines as well.

iii. When searching each quadrant, the search must begin and
continue over each of the imaginary lines thereby always
overlapping the boundaries to ensure that nothing is missed. It is
preferable to initially search the person’s right side as the majority
of people are right-handed. Any interruption that causes a break
in the search will require the search to be restarted at the
beginning of the quadrant where the interruption occurred. This
will negate any areas being missed.

iv. Clothing should be considered first, especially items contained

within pockets or secreted in clothing seams, waistbands, belts,
collars, hoods, lapels, padding, cuffs and turn-ups.

v. Pockets must be searched with care, and a compliant suspect

may be encouraged to empty their own pockets. An examination
of the items and the pocket will then follow. Weapons may be
secreted in a pocket so that when the suspect is not compliant, or
where their demeanour is suspect, the officer should control the
person and search the pocket themselves.

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 vi. Officers should wear gloves that are resistant to needles and
other sharp objects. Where gloves are not available, a rubber
band wrapped around the end of a pen can be used to probe the
contents of the pocket. The pen can then be rotated inside the
pocket so that the rubber band gathers up the pocket lining,
allowing it to be pulled out. The officer can then safely take hold
of the farthest part of the lining, ensuring access without risk.
Unstitched pocket linings must be investigated, as they may allow
the subject access to items taped to their body, or to dispose of
them discretely.

vii. Each quadrant should be searched in a clockwise motion, starting

at the top and covering both front and back. A gentle sliding
motion of the hands should be used, feeling for objects through
the clothing, using both hands with thumbs and fingers touching
where practical. Patting should never be used. Care must be
taken to search all external body depressions, for example,
armpits, and genital areas.

viii. When searching sensitive areas, officer may use the back of their
hand to alleviate any embarrassment, providing this does not
compromise effectiveness. It must be appreciated that criminals
are aware of the reluctance of some officers to probe areas of the
body where embarrassment may occur, so they deliberately
secrete items in these areas.

ix. Clothing should be searched prior to being removed where

possible. Any items not thoroughly searched while being worn
should be searched again in view of the person once the clothing
has been removed, to ensure that the search has been thorough.

x. When in public view, only the person’s outer coat, jacket and
gloves may be removed. Information from clothing, including
name tags, manufacturer’s labels or laundry marks, may provide
valuable evidence or intelligence.

xi. When concentrating on the top quadrants careful attention should

be given to searching the head hair to ensure it is free from
hidden articles, particularly when the hair is very long.

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 xii. Behind and within the ears must be checked as well as within the
nostrils. Viewing inside these orifices may require additional
lighting. The close proximity required will increase the risk of
assault from a suspect, therefore appropriate safeguards must be
taken.

xiii. The suspect should be requested to open their mouth and move
their tongue from side to side and up and down to ensure nothing
is hidden within. Additional lighting may be required to view the
side of the gums and under the tongue. Dentures should be
removed to ensure the mouth is clear. The searcher should be
aware of the risk of being bitten.

xiv. When moving down from the head, slide fingers in a feeling
motion around the collar, if they have one as this bulkier part of
the clothing acts as a void for small hidden items.

xv. After searching the sleeves, cuffs or stitched hems should be

checked along with any bracelets and wristwatches. There are a
number of manufactured jewellery items on the market that are
purpose-made with hidden compartments. Nothing should be
taken at face value, and everything must be thoroughly inspected.

xvi. The searching of the lower quadrants will require the officer
kneeling on one knee for comfort and balance. For the officer’s
protection, this is best completed from behind the suspect. When
concentrating on the suspect’s right leg the officer should drop to
their own right knee ensuring that their left leg is placed directly at
the back of the suspect’s right leg to prevent any kicking back.
The officer should ensure that they use both hands in a sliding
motion, feeling for any object through the clothing both at the
sides, front and rear of the leg. Patting should never be used, and
all body depressions within this area should be checked. Once
completed, the officer should move across and kneel on their left
knee behind the suspect's left leg with their own right leg placed
against the suspect's left leg where the search process is
repeated.

xvii. Feet are checked from the rear with the subject bending their leg
backwards, lifting their foot from the ground, for the officer to

24
 control and search. Officers must ensure that sufficient space is
allowed in case the person being searched tries to kick out.

xviii. Medical dressings and fracture casts provide hiding places. A

police or public healthcare professional may be required to
examine these potential areas of concealment.

13. Stopping of Vehicles at Roadblocks: Procedure

13.1. There may be circumstances where officers may be required to Stop
and Search a vehicle either at roadblocks or at the police station, or
as a condition for entry to a location. For officers to legitimately stop
a vehicle, an officer must have a reasonable suspicion that an
individual in the vehicle is committing or has committed a crime. The
purpose of such a Stop and Search is to locate any item, whether a
person or object, which is known or believed to be inside a specific
vehicle.

13.2. Officers do not need reasonable suspicion to stop vehicle in certain

circumstances. Police officers at a roadblock can stop vehicles
without reasonable suspicion if the officers stop every vehicle or a
certain numbered pattern of vehicles that pass the roadblock. For
example, officers could stop six vehicles in a row, permit the next six
vehicles passing the roadblock to proceed, then stop the next six
vehicles. However, officers at roadblock, need a reasonable
suspicion to stop vehicles randomly.

13.3. Officers authorising and conducting the Stop and Search of a vehicle
shall ensure that it is lawful and proportionate. Prior to the beginning
of a vehicle stop, the officers must ensure to obtain all available
information concerning the vehicle(s).

13.4. Officers conducting vehicle Stop and Search must take note of risk
factors, which if ignored, may place officer lives, pedestrian and the
person stopped in danger. The conduct and behaviour of the officer
(s) may also influence the risks they may encounter.

13.5. Officers should consider the location of the Stop and Search when
planning searches for the safety and security of the officer or officers
involved and the subject(s). Other factors to consider include

25
 weather for scene protection, loss of evidence and danger from other
road users.

13.6. Where the search is on the road, officers must ensure that the
vehicle is appropriately parked away on the side of the road. The
best place to search should be on a straight stretch of road where
vehicles are visible to other road users from some distance. Officers
should not stop vehicles at bends, hills, or any other location traffic
may have difficulty passing.

13.7. Information that a vehicle contains fleeing suspects, such as

escaping prisoners or armed robbers, also provides police with
reasonable suspicion to stop a vehicle to search or conduct an
investigation.

13.8. Officers’ observation of illegal activity or evidence of a crime, as well

as an informant's description of a particular vehicle involved in illegal
activity, can provide a reasonable suspicion to stop a vehicle. After
police legitimately stop a vehicle upon reasonable suspicion, safety
considerations justify an officer's ordering the vehicle's occupants
out of the car.

13.9. Officers must be aware of escape routes by suspects, as areas with

thick bushes could be used to hide objects or objects thrown to avoid
detection.

13.10. Officers should avoid walking between patrol vehicles and

vehicles that have been stopped until the driver has been secured
and the engine turned off.

13.11. Officers should not allow pedestrians to walk between vehicles,

during a vehicle stop, and bystanders should be ordered to move on.
Once a vehicle stop has been initiated, the officers should never take
their eyes off the interior of the suspect vehicle. The officer should
continuously watch people inside the suspect vehicle, noting any
quick or suspicious movements.

13.12. The presence of weapons is a risk; the interior of a vehicle is

capable of holding many hidden objects, notably weapons. It is very

26
 easy for a suspect to access a gun and injure or kill an officer
quickly.

13.13. Officers should always be mentally prepared for quick, defensive

action while approaching and standing next to a suspect vehicle.
Officers should conduct a swift, visual search of the interior of the
suspect vehicle while approaching the suspect vehicle. They must
be very attentive regarding the back seat and areas available for the
passengers to access, such as the floorboards, chairs, and pockets.

13.14. Once contact has been made with the vehicle occupants, the
officers should always keep visual contact with the hands of the
occupants. Communicate with the occupants, instruct them to hold
hands where they can be seen, if they make movements to grasp
something from the vehicle, instruct them to stop immediately. If a
weapon is found, always assume there is another.

13.15. An officer should consider the potential risk of the traffic

conditions; if it is a fast-moving highway officer should wait until the
suspect vehicles pull off; if it is highly congested, stopping the car
may add to the congestion or bring the whole area to a halt.

13.16. Officers should ensure that there is sufficient space on the road to
carry out the Stop. If it is at night, officers will have to use their patrol
vehicle to illuminate, or the officer will be adding to the risk.

13.17. Officers should also consider possible violent resistance from

suspects and have a potentially safe area to retreat.

13.18. If the officers can stop the vehicle in an area that they are very
familiar with it will make it easier should they have to deal with any
resistance.

13.19. Officers should be familiar with the location of the Stop and
communicate it to the control room or Police Station so that other
officers can reach the area quickly if the situation changes and the
officers require assistance.

27
 13.20. Where the vehicle has been stopped, the driver should be asked
to get out of the vehicle so that they can be checked, and the
protection officers should watch the driver for any dangerous activity.

13.21. Where there are passengers in the vehicle, they should be told to
remain in the vehicle until there are sufficient officers to deal with
them. The protection officer must maintain a close watch on their
activity. In this case, the Patrol Team Leader should take the driver
out of the way of the vehicle so that the protection officers can
monitor both him and the remaining passengers in the car.

13.22. Where a patrol of more than two officers are engaged in a stop,
each officer should deal with an individual.

14. Searching Vehicles: Procedure

14.1. Before a vehicle is to be searched, Officers must ensure that
reasonable grounds exist for the search to be conducted. This
means Officers must have reason to believe that there is evidence of
a crime or objects of crime in the vehicle. Officers do not need a
search warrant in such circumstances.

14.2. Before searching any part of the vehicle, all occupants should be
removed, searched, and placed in a safe area.

14.3. Ideally, two officers should be assigned to search the vehicle. If there
are occupants in the car, then officers will be required to secure
them during the search. The two officers assigned to watch the
occupants should make sure that nothing is thrown out of the vehicle
during the search.

14.4. The driver should unlock and open all doors, hood, trunk or boot and
any other locked or closed areas. They should also open any
baggage, containers, etc. Be careful of traps or other threats that
may injure the officers.

14.5. Officers should ask the driver if there is anything dangerous inside
the vehicle before the search.

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 14.6. Baggage, boxes and containers should be removed from the vehicle
before being searched. If it is safe for the officer, the officer should
allow the owner or driver of the vehicle to observe the search.

14.7. Officers should wear gloves during all searches.

14.8. Officers should always use a flashlight while searching vehicles.

They should also carry a small mirror, a multi-tool or a knife, and
some small polythene bags for professionally storing evidence,
without a negative impact to trace such as fingerprints.

14.9. If necessary, the K9 Dogs Section should be invited to detect drugs

and any explosives devices.

14.10. All property taken by officers should be listed in the Police Pocket
Notebook. The owner or driver of the vehicle should verify the list
and sign at the bottom of the report. The owner or driver should be
given a receipt for all items taken. Officers should take detailed notes
of where each item was found. If possible, take a picture before
removing the items. Photographs are the best method of
documenting where evidence was found.

14.11. Officers should use their senses. Tap on side-panels does one
sound different than the others because something is hidden
behind? Is there a smell that doesn't belong? For example,
smuggled cigarettes, alcohol or drugs? Press and feel the cushions
of the seats from above and below; is something concealed within?

14.12. Where contraband is found, they must be seized. The driver of

the vehicle and other officers must witness the removal of the
contraband. If a camera is available, photographs should be taken
before and after the item is moved: before, to show location; after, to
visually document the item and its condition.

14.13. If there is a necessity to prove that an occupant of the vehicle

handled the hidden items, care must be taken to prevent fingerprint
evidence from being destroyed. Officers should wear latex gloves
when handling evidence of this type. The items should be placed in
sterile evidence bags and sealed. You must observe the chain of
custody: record the name and rank of the officer to whom you give

29
 the evidence. Remember that gloves and evidence bags can only be
used once.

14.14. If other evidence is found inside or outside the vehicle for

example, material evidence like blood, scratches after an accident,
or marks after breaking into a vehicle with tools, the officer who finds
such evidence should take all necessary steps to preserve it. Notify
forensic (crime lab) specialists, who will professionally secure these
traces. For example, cover blood or other biological marks when
they are located outside the vehicle, to protect against the weather.

14.15. Officers must be respectful to citizens and their property but

should maintain focused on their survival. Officers should not let a
suspect put their hands where they cannot see them. Officers should
not make a suspect reach into the vehicle for the hood/bonnet
release, for example, or any other reason. Criminals hide weapons
where they think you will let them put their hands: near the
hood/bonnet release, near where they might be expected to keep
their vehicle papers, etc. Officers should remain vigilant at all times.

14.16. Depending on the circumstances of the case under investigation,

Officers must ensure that reasonable time is used to detain and
search a vehicle.

15. Systematic Search of Vehicle:

15.1. Officers searching a vehicle should focus on five key areas: interior
of the vehicle, boot or cargo area, engine compartment, outside, and
underneath the vehicle.

15.2. Interior of the vehicle:

a. Visual search for obvious items.
b. The door of the vehicle is searched from top to bottom.
c. Open the window to its full extent to ensure that hidden items do
not restrict it.
d. Interior of the vehicle is split into four sections – driver area, front
passenger area and the two rear passenger areas; each is
searched in turn.
e. The seat should be checked for any protruding needles, sharps or
other items that may cause personal injury, prior to entering the

30
 vehicle, Headrests, Seat belts – the belt should be pulled out to
its full extent.
f. Ensure the roof lining and any other interior fixtures are searched.

15.3. Dashboard, attention to be paid to:

a. The ventilation and heater hoses with access from both ends of
the hose.
b. Radio, CD, speakers, satellite navigation or other systems.
c. Ashtray contents and the void behind when it has been removed
d. The central tunnel consul including any void.
e. Footwell.
f. The side panels.
g. Internal side trim along the inside at the bottom of the door frame.
h. Underneath the carpet and any mat.
i. Drain holes.

15.4. The glove compartments:

a. Driver's seat and surrounding area.
b. Front passenger seat(s) and surrounding area(s).
c. The rear passenger sections are then systematically searched
using the same system.
d. Ensure that the boundaries between sections are overlapped.

15.5. Boot or Cargo Area:

a. Visual check of contents and internal structure.
b. Structure checked for any new welding, paint, mastic, glue,
under-seal or rivets.
c. Loose items within the boot are searched in situ and then placed
outside the vehicle in a safe place.
d. The boot lid is searched.
e. Search voids created in the manufacture.
f. The back of the rear seat(s).
g. Underneath carpet.
h. The spare tyre and its housing.
i. The fuel tank, to establish if it has been tampered with.
j. Rear light clusters.
k. Return items that are not subject to further enquiry.

15.6. Outside of the vehicle:

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 a. Top and sides of the vehicle are searched from the front to the
back.
b. Position driver/owner so they can be observed without having
access to the interior of the vehicle.
c. The overall shape of the vehicle checked to confirm the outer
wings and other alignments match.
d. Front of the vehicle is then searched, and then the officer moves
along one side, checking the top and sides along to the rear of
the vehicle.
e. Back is then searched, and the officer repeats the process in
reverse.
f. Signs of recent welding or new underseal.
g. Screws or bolts that have been tampered with or renewed.
h. New paint or a different shade.
i. Windscreen wipers, looking inside the framework of the arm.
j. All light clusters, noting any anomalies.
k. Voids both behind and inside bumpers and over-riders.
l. Within wheel arches and behind wheel arch liners.
m. The void behind wheel trims and hubcaps.
n. Spoilers which may contain voids.
o. Bull bars, tow bars, bike and luggage racks.
p. Fuel cap.

15.7. The engine compartment:

a. Air filters
b. Battery boxes

15.8. Underneath the vehicle:

a. Signs of new underseal or welding.
b. The area around lifting axles.
c. Compare wheel nuts on existing tyres and check wheel and tyres.
for signs of tampering.

15.9. Once the search is complete

a. The vehicle should be returned to its original condition.
b. Items used during the search such as torches, mirrors and gloves
should be accounted for.
c. All searches are to be documented in the Police Pocket
Notebook.

32
 d. Any seized items or objects are to be correctly packaged, sealed
and labelled.

16. Searching Commercial Vehicles

16.1. Public commercial vehicles come in a wide range of designs and
sizes. It may not be possible to cover all the designs, however there
are general search principles that should be applied.

16.2. The depth of search required will depend on the driver. If the driver is
the owner of the vehicle, they may have access to all parts of the
vehicles and the opportunity to hide things. Where the driver works
for a transport company and changes vehicles frequently, they may
have limited areas to hide things.

16.3. Consideration should be given to the amount of information the

driver may have about any unlawful items that may be secreted
within the vehicle. The driver may only be aware of the information
on the waybill or manifest or information displayed on the
consignment.

17. Recording Stop and Search

17.1. Once a search is completed, a written record of the search must be
made in the Police Pocket Notebook and the National Search
Record Form (NSRF). The officer making the search and the person
being searched must sign the Form on the spot and a copy given to
the person(s) being searched or the vehicle driver if it is a vehicle.

17.2. This must be done unless there are exceptional circumstances that
would make this wholly impractical (e.g., serious public disorder). If a
record is not made at the time, the person should (if practicable) be
informed of their entitlement to a copy and which police station they
should apply to (within 12 weeks). If a copy of the Form is not given,
the reason must be endorsed thereon prior to submission.

17.3. Section 57 (2) Police Act 2020 provides that “the following
information must always be included in the NSRF:
a. The name of the persons searched or if, he withholds it,
description of the person.
b. The date of birth of the person searched.
c. A note of the person’s ethnic origin.

33
 d. When a vehicle is searched, a description of the vehicle,
including the registration number.
e. The object of the search.
f. The grounds for making the search.
g. The date and time the search was made.
h. The place where the search was made.
i. The result of the search.
j. A note of any injury or damage to property resulting from the
search, and
k. The identity of the officer making the search.

17.4. Where the person to be searched is unwilling to provide detailed

information about themselves, the officer may not detain them, they
must be allowed to go unless unlawful items are found in their
possession or in the vehicle searched.

17.5. The record of the grounds for doing a search must, briefly but
informatively, explain the reason for suspecting the person
concerned, by reference to information and/or intelligence about, or
some specific behaviour by, the person concerned.

17.6. If more than one officer is involved in the search, their identity should
also be recorded on the Form. If a person is taken to a police station
in order to be searched, e.g., for a drugs search, the location of the
initial Stop must be entered on the record form. The recording
processes and considerations outlined within this Force Order will
apply to all searches conducted under the stipulated guidelines
contained in this document.

17.7. Where officers detain an individual with a view to performing a

search, but the need to search is eliminated as a result of
questioning the person held, a search should not be carried out, and
a record is not required.

18. Monitoring the Use of Stop and Search Power

18.1. Police misuse and misapplication of Stop and Search power is likely
to be harmful to policing and may lead to mistrust of the police by the
public.

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 18.2. DPOs and Operations Commanders are charged with the
responsibility of tactical monitoring of the use of Stop and Search
powers and ensuring that they are not being used based on
perceptions or inappropriate generalisations (e.g., young person
seen as a criminal just because they have laptops or expensive
phones) but are used appropriately and lawfully.

18.3. DPOs and Operations Commanders must ensure that the stopping,
searching and recording are in accordance with this Force Order and
other extant laws. Officers must also examine whether the records
reveal any trends or patterns which give cause for concern and if so,
take appropriate action to address this.

18.4. Supervising the use of Stop and Search power must be supported by
the compilation of comprehensive statistical records of Stop and
Search at the Divisional, Area Command and State Command levels
by the DC Operations. Any disproportionate use of powers by
particular officers or groups of officers must be identified,
investigated, and disciplinary actions are taken.

18.5. Where the DPO or operations commander identifies issues with the
way an officer has used a Stop and Search power, the investigation
must immediately proceed to determine whether this Force Order or
any standards of professional conduct as set out in the Police Act
has been breached and the disciplinary action to be taken.

18.6. Complaint against Police Action: Where a significant problem

arises during an encounter between the officer(s) and the person(s)
stopped and searched, a disciplinary process can be set in motion
by a formal complaint. Persons who have been subjected to
inappropriate actions by police in the use of their Stop and Search
power can file a complaint to the Inspector General of Police or
Commissioner of Police through the Complaints Response Unit
(CRU), Provost Department or the Public Complaints Bureau (PCB).

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Appendix

Aide Memoire 1
DPOs and Operational Unit Heads

As the Divisional Police Officer (DPO) you must be able to demonstrate that
all your officers who have exercised the power of stop and search in your
Area of Jurisdiction (AOJ) have done so effectively and in non-
discriminatory ways. Your officers must know that it is the quality of the stop
and search that is more important, and not the quantity.

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You must also demonstrate the important contribution stop and search is
making in crime prevention in your area.

Your officer-in-charge Beat patrol must be given the tactical responsibility for
the proper use of and, management and supervision of all stop and search
operations.

When you develop any divisional operational plans that include the use of
stop and search, it is important that community partnership is encouraged to
minimise any possible negative impact in the area.

As a DPO or senior officer you must therefore ensure that:

1. Stop and search is managed in accordance with guidelines in this
Force Order and Police Act 2020 and may be complemented by other
operational directives from the Commissioner of Police. You must
understand and appreciate local issues within your jurisdiction that
may impact on stop and search.
2. You must promote the value of stop and search amongst your officers
and be able to communicate this within the community you police.
3. Your officers must be given clear indications as to what is the
appropriate use of the power of stop and search. You must set clear
ground rules. They must know the DOs and DONTs.
4. Be ready to speak to the media where the need arises. You must
have a media response strategy.
5. Officers who act lawfully and proportionately, even where there are
complaints should be supported. You must inform your officers that
those of them who act in accordance with this Force Order and
provisions of the Police Act 2020 have nothing to fear when they
conduct stop and search. Officers must have confident in their senior
officers.
6. Senior officers must support officers who challenge the inappropriate
behavior of their colleagues. Officers must know that serious
breaches of professional conduct can discredit the police and will
attract disciplinary action.
7. You must support officers on stop and search with relevant
information and intelligence. Officers must be briefed about local
community issues, and what exactly is required of them whilst on stop
and search.
8. Officer conducting stop and search must acknowledge the value of

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 intelligence that can be obtained.
9. You must consistently undertake training of you officers on stop and
search and have a clear understanding of the law, their powers and
responsibilities.
10. Your officers must have a thorough knowledge of the powers of stop
and search as stated in Police Act 2020.
11. You must ensure that all records of stop and search are recorded in
the National Stop and Search register.

Aide Memoire 2
Stop and Search Team leaders
Your role as the team leader pivotal in ensuring that the stop and search
procedure is followed to a successful conclusion.

You must show effective leadership and supervision of the personnel under
you. You must ensure legality and enhance the effectiveness of searches.
When used effectively, stop and search can increase public confidence in
your team and reduce the fear of crime.

You must set the right standards and monitor how your team members
conduct themselves. As team leader you must also ensure that:
1. You make effective use of stop and search in reducing crime within
your area of responsibility.
2. Your officers are equipped with the best, focused and objective
intelligence available to them. This is necessary if they are to engage
in proportionate and effective stop and search.
3. You officers must receive intelligence led briefings and encouraged to
promote effective use of stop and search. Officers must know the
intelligence value of stop and search.
4. Officers must be debriefed on the quality of stop and search.
5. All stop and searches must be recorded in the stop and search form.
6. Misuse of stop and search power by any personnel must be
challenged and remedied, taking disciplinary action where
appropriate. If inappropriate behavior is not challenged quickly, firmly
and openly it will become part of the culture.
7. You must be proactive in identify negative behavior and taking
appropriate action to retain your integrity and that of the team.
8. You must monitor the use of stop and search power by your team to
ensure that officers are not exercising their discretion on the basis of

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 stereotypical images of certain persons or groups contrary to the
provisions of this Force Order. It is important that you address any
such observation.
9. You must understand that it is the quality of stop and search that is
important not the quantity.
10.Your officers must conduct themselves with the highest standard of
behaviour.
11.Your officers look up to you for guidance and leadership. As a team
leader you must lead by example.

Aide Memoire 3
Stop and Search Operational Officers
Whilst on the road, the way you conduct stop and search activities will have
direct impact on how you relate with members of the public. It is how you
treat people that determine the public perception of, and confidence in, the
police. Therefore, your tactics must be consistent with this Force Order.

All officers on stop and search must be aware of the damage that can be
done by just one poorly conducted stop and search. Aggression or rudeness
have a negative impact on the person stopped. This can have a far-reaching
effect on the local community.

The measure of success must be the quality of stops and searches rather
than quantity. This means you must act on accurate intelligence or
information, fully explaining the reasons for your actions, justifying the
grounds and object for the search and recording every encounter. It is your
responsibility to conduct stops and searches in a professional manner,
even in the most challenging of circumstances.

As an officer conducting stop and search you must:

1. Have sound knowledge of powers and procedures and use them
objectively. It is important that before the search the person clearly
understands your explanation and reasons for exercising the power.
2. Understand and comply with legislation which impacts upon the
exercise of stop and search powers, e.g., Rights of the person under
the constitution.
3. You must recognise that not everyone who has been stopped has to
be searched. The grounds for search can cease at any time and you
must use your communication skills to bring the interaction to an

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 immediate close whilst retaining mutual respect.
4. Remember that a lack of an arrest does not indicate that the stop and
search was unlawful, inappropriate or valueless. Whilst the reason for
conducting a stop and search is detection, both positive and negative
searches can yield valuable intelligence, which must be captured. Do
not underestimate the potential value of small pieces of information.
5. You must know the area, its crime and offenders, together with the
latest intelligence or information; but remember that past offending
can never in itself provide grounds to stop and search an individual.
6. Complete, in accordance with your legal obligations, accurate records
of all searches including the object and the grounds, to explain and
support the power used.
7. All stop and search must be recorded in the designated form or
register.
8. Ensure that you give a copy of the record to the person searched at
the time, unless it is impracticable to do so.
9. Be aware that you are liable and accountable not only for your own
actions but also for the actions of your colleagues. All police officers
have an individual responsibility to challenge inappropriate behaviour.
10.Recognise that as a general rule any member of the public should be
allowed to observe you carrying out a stop and search as long as the
person being searched does not object. The dignity and privacy of the
individual being searched is of paramount importance and must
always be considered.
11.Always remember your personal safety and that of others when you
are conducting a stop and search.
12.Make every effort to ensure that your actions leave a positive image of
the police service. The whole encounter must be conducted with
politeness, respect for dignity and use of appropriate language.

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