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Metal_Mickey
Nitrous Nuisance



Joined: 29 Apr 2005
Karma :
PostPosted: 22:20 - 10 Sep 2007    Post subject: Stop and Search Reply with quote
Evening All,

Watched a programme tonight which raised some questions regarding stops and searches, so had a look around the Internet but there doesn't seem to be that much information available (apart from the Home Office and Police).

Most of the information available says that you don't have to give your name, DOB or address unless you are being reported for an offence, but no one seem to address whether you have to answer the other questions e.g. Where are you going and what are you doing. Also no one seems to answer the question of if you decline to give your name and other details, can they under the auspices of "searching your wallet for contraband" check you credit cards etc. and just get the information that way.

Does anyone know of a site that addresses these question ? Anyone who isn't a wannabe arm chair lawyer have some insight into these questions ?
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stinkwheel
Bovine Proctologist



Joined: 12 Jul 2004
Karma :
PostPosted: 22:30 - 10 Sep 2007    Post subject: Reply with quote
You have the right to remain silent. Even when under arrest, it's the first line of the police caution.

There are circumstances where you can be arrested and held until such time as your identity can be established but you don't have to tell them (although in such a circumstance, you would probably land up sitting round in a police station for quite a while).
____________________
“Rule one: Always stick around for one more drink. That's when things happen. That's when you find out everything you want to know.”
I did the 2010 Round Britain Rally on my 350 Bullet. 89 landmarks, 3 months, 9,500 miles.
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Metal_Mickey
Nitrous Nuisance



Joined: 29 Apr 2005
Karma :
PostPosted: 22:48 - 10 Sep 2007    Post subject: Reply with quote
stinkwheel wrote:
You have the right to remain silent. Even when under arrest, it's the first line of the police caution.

There are circumstances where you can be arrested and held until such time as your identity can be established but you don't have to tell them (although in such a circumstance, you would probably land up sitting round in a police station for quite a while).


However if you aren't being cautioned but rather just stopped and searched, then you are never read those rights.

You have brought up one of the other questions that the programme raised though, which was whether they can only hold you to confirm your identity if you have given it and they don't believe you. Surely it would take the piss a bit saying that you don't have to give your name, but you can be held while we try to identify you. What if you don't have any ID on you and your fingerprints / DNA isn't already on their databases ?
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colin1
Captain Safety



Joined: 17 Feb 2005
Karma :
PostPosted: 23:32 - 10 Sep 2007    Post subject: Reply with quote
stinkwheel wrote:
You have the right to remain silent. Even when under arrest, it's the first line of the police caution.



‘You have the right to remain silent; but it may harm your defence if you do not mention, when questioned, something that you later rely on in Court. Anything you do say may be given in evidence’.
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colin1 is officially faster than god
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R6jonny
Nearly there...



Joined: 28 Jan 2005
Karma :
PostPosted: 00:36 - 11 Sep 2007    Post subject: Reply with quote
colin1 wrote:
stinkwheel wrote:
You have the right to remain silent. Even when under arrest, it's the first line of the police caution.



‘You have the right to remain silent; but it may harm your defence if you do not mention, when questioned, something that you later rely on in Court. Anything you do say may be given in evidence’.


no its not ....its "you do not have to say anything, ....." the rest is ok

Jon
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Honda NSR125 - Yamaha R6 - Ducati 748 - Suzuki GSXR750K6/GSXR1000K7/GSXR750K8 - Ducati 848 - Honda SP1 - Triumph Daytona 675
"simply because she is a female and is thus her actions largely make no sense whatsoever by default"
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-Savage-
World Chat Champion



Joined: 10 Jun 2005
Karma :
PostPosted: 02:56 - 11 Sep 2007    Post subject: Reply with quote
Yea, but if your not cautioned, or arrested, then your silence can be regarded as interfering with the cause of justice. You don't have the right to silence until you are cautioned/arrested afaik. This is why the peelers will keep someone as a witness rather than caution them. Erm this isa all just afaik, and I'm a bit drunk so it may not be gospel. Very Happy
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Old Thread Alert!

The last post was made 19 years, 3 days ago. Instead of replying here, would creating a new thread be more useful?
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