What are my rights if police stop and search me?

Being stopped and searched can be unsettling, but you have clear legal rights that the officer must respect. Understanding them can help you assert yourself calmly and lawfully.

The officer must tell you certain things before the search begins. This is often remembered using the GOWISELY mnemonic: Grounds for the search, Object being sought, Warrant card (if not in uniform), Identity of the officer, Station at which they are based, Entitlement to a copy of the search record, Legal power being used, and You are detained for the search. If you are not given this information, the search may be unlawful.

During the search itself, you cannot be required to remove clothing in public beyond your outer coat, jacket, or gloves. If an officer wants you to remove more clothing, this must happen out of public view and with the same sex as you. A strip search (removing more than outer clothing) or an intimate search (physical examination of body orifices under PACE s.55) cannot be carried out during a routine stop and search.

You do not have to answer any questions during a stop and search, though you must comply with the physical search if the officer has a lawful basis for it. Refusing to allow a lawful search is an offence and can lead to your arrest. You cannot be arrested simply for being uncooperative in answering questions.

After the search, you are entitled to a copy of the written search record, either immediately or within 3 months. The record must include the grounds for the search, the officer's identity, and the outcome. Keep this record: it is useful if you wish to complain later. You can complain about the conduct of a search to the force's professional standards department or to the Independent Office for Police Conduct (IOPC).

Key Points

• The officer must give you the GOWISELY information before searching you
• You can only be made to remove outer clothing in public; further removal must be out of public sight
• You have the right to a copy of the search record immediately or within 3 months
• You do not have to answer questions, but you must comply with a lawful physical search
• Refusing to allow a lawful search is a criminal offence
• Officers cannot base a search on your race, religion, clothing, or appearance alone
• You can note the officer's details and complain to the IOPC if you believe the search was unlawful or conducted improperly
• The officer must treat you with courtesy and respect throughout