Where can the search take place?

The PACE power of stop and search may be used by the police in most public and some private places as follows:

A place to which, at the time of the proposed stop and search, the public - or any section of the public - has access as a matter of legal right or because there is permission.
Any place - other than a dwelling - to which people have ready access at the time of the proposed stop and search.

T hese categories are obviously very wide and can include private property, for example front gardens and car parks. Whether you have ‘ready access’ might depend on whether a gate or door is locked, or whether a plot of land is fenced.

However, a constable may not search you or your vehicle if you are on land that is used for the purpose of a dwelling, without having reasonable grounds for believing that you do not reside in the dwelling and are not in the place with the express or implied permission of a person who does reside in the dwelling. There is clearly a heavy responsibility on the constable in such cases, since the reasonable grounds must be justified objectively. These provisions are intended to protect such people as window cleaners, post and milk deliverers and casual visitors.

Back to to top