Stopping and detaining

A police officer who has reasonable grounds for suspicion can stop and detain you in order to conduct the search. Before doing the search they can ask you questions to confirm or eliminate that suspicion. If their suspicion is eliminated by the questioning or any other circumstances, you are free to leave and you must be told this. The police have no powers to stop you in order to find grounds that would justify a search.

Any police officer, whether or not in uniform, may search you personally, but usually only a constable in uniform may stop a vehicle. A police officer may detain you or your vehicle for a search, but the police officer must inform you as soon as the detention begins.

The detention may only last for as long as is reasonably required to permit a search to be carried out at the place of detention or nearby. You cannot be compelled to remain with your vehicle while the vehicle is searched, but you may wish to do so. Police officers have other powers to stop a vehicle, for example to check whether it is roadworthy or stolen, but not to search it.

If you are lawfully detained for a search, but no search in fact takes place (for instance because the grounds for suspicion are eliminated), the detention in the first place is not unlawful.
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