ChatterBank0 min ago
What is the law on the Police stopping motorists?
I have heard conflicting reports as to whether the police actually need a reason for stopping motorists or whether they can stop anyone they like just because they feel like it.
I was always told that the police needed a reason to stop people i.e. a brake light out or dangerous driving/speeding etc.
However .... speaking to a Police inspector he said that this is a common myth and they do not need any reason at all. In fact police working nights are put out in cars with the sole intention of stopping cars and doing spot checks with the hope of catching people doing something wrong
Of course I am sure the police could always make up a reason if they felt they had to but .... Can anyone advise exactly what the law is surrounding this?
I was always told that the police needed a reason to stop people i.e. a brake light out or dangerous driving/speeding etc.
However .... speaking to a Police inspector he said that this is a common myth and they do not need any reason at all. In fact police working nights are put out in cars with the sole intention of stopping cars and doing spot checks with the hope of catching people doing something wrong
Of course I am sure the police could always make up a reason if they felt they had to but .... Can anyone advise exactly what the law is surrounding this?
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They can always think up a reason! My hubby was collecting me and two friends from our Xmas office party (he'd not had any alcohol). Police saw us all emerging from the hotel, getting into the car, and they decided to follow us. Stopped us saying hubby was 'wandering' on the road, which was rubbish. They proceeded to breathalise him - result negative. They didn't charge him for 'wandering'!
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As per the Road Traffic Act 1988:
163.�(1) A person driving a motor vehicle on a road must stop the vehicle on being required to do so by a constable in uniform.
(2) A person riding a cycle on a road must stop the cycle on being required to do so by a constable in uniform.
(3) If a person fails to comply with this section he is guilty of an offence.
...thus no reason for the stop is required.
http://www.stopandsearch.com/where%2Dcan%2Di%2 Dbe%2Dstopped/vehicle%2Dstops/
163.�(1) A person driving a motor vehicle on a road must stop the vehicle on being required to do so by a constable in uniform.
(2) A person riding a cycle on a road must stop the cycle on being required to do so by a constable in uniform.
(3) If a person fails to comply with this section he is guilty of an offence.
...thus no reason for the stop is required.
http://www.stopandsearch.com/where%2Dcan%2Di%2 Dbe%2Dstopped/vehicle%2Dstops/
As above, they have a power to stop any vehicle any time and any place without a reason.
However, what you will find is it is BEST PRACTICE POLICY to find a reasonable excuse in the first place. But BPP is not of course law, just Constabulary working practices.
Also on a practical note (which is wrong, but sadly a fact of life for our Political Correct society), finding a reason to stop somebody may avoid lengthy police investigations when a coloured chap stresses he was only stopped for being black etc.
Yes the copper may have acted in good faith but it will not stop their Professional Standards Dept to fully investigate which although ultimately will be found innocent, will prevent the copper from moving Constabulary, being promoted, moving job position and in extreme circumstances forcing him to be station bound avoiding public contact.
I am afraid "Life on Mars" policing no longer exists!!!!
However, what you will find is it is BEST PRACTICE POLICY to find a reasonable excuse in the first place. But BPP is not of course law, just Constabulary working practices.
Also on a practical note (which is wrong, but sadly a fact of life for our Political Correct society), finding a reason to stop somebody may avoid lengthy police investigations when a coloured chap stresses he was only stopped for being black etc.
Yes the copper may have acted in good faith but it will not stop their Professional Standards Dept to fully investigate which although ultimately will be found innocent, will prevent the copper from moving Constabulary, being promoted, moving job position and in extreme circumstances forcing him to be station bound avoiding public contact.
I am afraid "Life on Mars" policing no longer exists!!!!
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