Probable cause to search possession of stolen property


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If something is found in another orifice, this cannot be removed unless the police have a warrant for an intimate search.

You can remove this voluntarily, however. An intimate search is a search of body orifices other than your mouth. This type of search can only happen if the police have a warrant from a sheriff. It can only happen with your consent. You should be treated with dignity and respect. The search will be carried out by a healthcare professional such as a doctor or nurse. A police officer of the same sex will also be present in the room. A responsible adult may be a parent, a guardian, an older sibling or another person with responsibility for the child or vulnerable adult.

Officers can search children and young people under 18 without parental consent.


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There is a guide to stop and search for young people on the Scottish Government website. Searches should be done in a way that minimises distress to the child, particularly if children have been 'looked after' children, have experienced abuse in the past or are particularly young. In some cases children are used as couriers for drugs or weapons. Where illegal items are found, the police may refer the child to the local authority or the Procurator Fiscal. Officers do not have to inform parents that the child has been searched, but may decide to do so even if this is against the wishes of the child.

They should explain to the child why this decision has been made. Children should receive a receipt of the search and can make complaints about the police on their own. Some people who have mental illness, personality disorders, autism or learning disabilities may find it difficult to communicate or understand a search and may be considered vulnerable adults.

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Particular care must be taken to ensure the vulnerable adult understands what is happening and is not distressed, taking into account their individual needs. If the vulnerable adult lacks the capacity to understand why a search is taking place and what will happen, there is a presumption that the search should not go ahead. If you are with a vulnerable adult who is being searched you can ask for the officer to take particular steps to protect that person.

For example, you could ask to be present while the search is taking place to keep them calm. You may also make the officer aware of any particular difficulties they have, for example if they have autism and do not like to be touched. Part 4, section 8 of the stop and search code of practice has some guidelines for the police about how to communicate with vulnerable adults, available on the Scottish Government website.

If you have been detained for a search you can ask to be searched by a constable of the gender you identify with, and this request should be met. You should be treated with dignity and respect by the officers involved in the search. If you are made to feel uncomfortable during a search, for example because your physical appearance is commented upon, or your requests are not met, you can make a complaint. This may also be a breach of your human rights for which you may want to take action. If you or a family member has been searched in a way that is a breach of human rights, you may want to challenge the treatment by the police.

Anyone who is searched should be treated with dignity and respect for their individual needs. This means that the police should try to understand your disability and take it into account when searching you. You should make the police aware if there is anything that you would be uncomfortable with or unable to do during a search. For example, if you would be in pain raising your arms above your head during a strip search.

Receiving Stolen Property Charges in Pennsylvania

If you having a hearing impairment, the police should make sure you understand the information they have given you about the search. This may mean they get a BSL interpreter or someone you know to help. If you don't feel that your individual needs were taken into account during a search, you can make a complaint. Disability is also a protected characteristic under discrimination law, so you may be able to take legal action in some circumstances.

See Complaints and legal action against the police. Police officers in uniform have the power to stop a motor vehicle on a road and ask the driver to produce:. There's a code of practice the police have to follow when doing a search for cash or assets. Police officers have the power to set up a road check and stop all vehicles or selected vehicles on any road.

A police officer can require you to take a breath test breathaliser or undergo other tests if you have been driving, attempting to drive or have been in charge of a motor vehicle and they suspect you have:. A test for alcohol will normally be a breath test, also known as a breathaliser.

A test for drugs will usually be a saliva swab. You may also be asked to give a sweat swab.

It's an offence to refuse to provide a specimen of breath, saliva or sweat or take a test in these circumstances without a reasonable excuse. The current limit in Scotland in relation to alcohol in the breath is 22 microgrammes of alcohol in ml of breath. The limit in relation to alcohol in the blood is 50 microgrammes per ml of blood.

Certain illegal drugs, including cannabis and cocaine, have a near zero limit. There are also limits on some medicines like diazepam. Anyone who appears to be affected and unfit to drive can be prosecuted under the impairment offence, even when taking medicine in line with the prescription. Once they have carried out a search of a person or a vehicle, the police have the power to seize and retain anything that they consider to be relevant to an offence.

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The police have the power to confiscate alcohol from people under 18 who are drinking in a public place. They can also confiscate alcohol from people aged 18 or over if it's suspected that the alcohol has been consumed or it's intended for consumption by people under The police can confiscate fireworks that they think are going to be used for antisocial purposes.

The police have the power to move you on if they believe that you are obstructing the lawful passage of any other person in any public places or if you either individually or as part of a group are being riotous or disorderly, anywhere, to the alarm, annoyance or disturbance of the public. If you've been asked to move on, you are entitled to ask for a reason and you should expect to receive one. If you refuse to move you're likely to be charged with an offence. Groups of people can be ordered to leave certain areas known as dispersal areas, such as local parks, to prevent antisocial behaviour.

Requirements For Probable Cause In Missouri

A police officer can give you an 'on the spot' fine fixed penalty notice for some types of antisocial behaviour or parking violations. See Antisocial behaviour and Parking tickets issued by the police. There are also certain statutes which provide for the search of premises, cars or vessels without a warrant. Evidence obtained legally by these means would be admissible as evidence in a court. Admissibility of evidence obtained during a search is always subject to examination by the courts and depends on the circumstances of particular cases.

A search warrant authorises the police to enter premises on one occasion only. If the police have a search warrant they can, if necessary, use reasonable force to enter and search the premises. The householder or occupier of the premises is responsible for any repairs that are needed as a result of the police forcing entry. However, if the police search an address in error, the police should be asked to repair any damage they cause. As well as getting a warrant to enter and search because of suspected crime, a warrant can be issued to enter premises to check if the occupant is at risk because of mental illness.

For example if a local authority has been unable to get access to premises where it believes that there is an adult at risk of harm it can seek a warrant of entry.

Illegal Search and Seizure FAQs

The warrant allows a police office to open a locked door by force if necessary. The warrant lasts for one month and does not automatically give the police permission to seize and keep anything they find. If the police have used a search warrant to search premises or a vehicle and they have found articles covered by the warrant, they have the power to seize them and take them into safe custody, for example, to a police station. The articles are held there as possible evidence in any criminal proceedings which the Procurator Fiscal may decide to start.

Where a warrant is granted to search for specific items of stolen property, the police have the power to seize other items not referred to in the warrant if they show the suspect may have been involved in another crime. If the police have seized certain items of yours after a search, you have no right to make the police return them. If you want to ask about retrieving articles from the police you should write to the Chief Constable to establish if the property is to be used in evidence.

If the property is to be used as evidence, the Procurator Fiscal is responsible for its disposal and the Fiscal will deal with enquiries concerning the property. You may be able to take legal action to get a court order for the article s to be returned but this would be a complex process, for which legal advice would be needed.

But how you look or who you are may be part of the information that supports reasonable grounds for searching you. For example an officer has been told that a woman in her early twenties, in a blue coat, has been seen carrying a knife. The police may have reliable knowledge that members of a group or a gang who dress or look similar to one another often carry knives, drugs or other weapons.

In this case clothing or appearance could provide reasonable grounds to search a member of the group. If you aren't happy with any aspect of police conduct, for example you don't think the police followed the code of practice when they searched you, you can make a complaint.

Citation in Lieu of Arrest

In some circumstances you may also be able to take legal action, for example if you feel you were discriminated against. Skip to navigation Skip to content Skip to footer. Top links What benefits can I get?

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