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How can I legally deal with British police officers if they suspect the following:

  1. I am carrying a weapon
  2. I match the profile of someone they're looking for.

I understand that if I'm not carrying a weapon, nor have I done anything wrong then I should comply with their requests. However, the insecurity and anxiety of a power stopping you under suspicion doesn't sound right to me.

What rights do I have to investigate the reasoning of a police officer under the claim that I've been stopped under discrimination, or unlawful methods?

phoog
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2 Answers2

7

Initially, one should comply with the officer's instructions as he has the power under statutory Stop & Search powers to detain someone for the purpose of the search (discussed here).  Failure to do so may be an offence.

If, subsequently, one considers the search and detention was unlawful, the first port of call is to lodge a complaint with the relevant police force who - depending on the circumstances - may escalate the complaint to the Independent Office for Police Conduct IOPC.

You can complain directly to the police/other organisation (see ‘Who can I complain about?’ below for a list of the other organisations) or via the IOPC. If you complain via the IOPC, your complaint will be sent direct to the organisation involved. They will assess your complaint and contact you about how it will be handled. The IOPC will not be involved with this initial assessment of your complaint.

If the complaint is found to be valid, then any offence committed by not complying with the office would (in all probability) be overturned on appeal. As well as any compensation awarded by the court, the Chief Constable may consider making an ex gratia payment (mentioned here).

Note that there is no obligation to do anything if the interaction falls within the Stop & Account provisions.

2

You can complain, obviously.

This being the UK, if they suspect that you are carrying a gun in public, an armed response unit will come down on you HARD. They figured out that the best chances of everyone surviving that situation unharmed is to come in with overwhelming power. Nobody will kneel on your neck for ten minutes, it will be over in seconds and you will be unharmed. Best way to avoid this is to not carry anything that looks like a gun.

You can complain if you think there should have been no reasonable suspicion. If you think you were stopped because of illegal discrimination, and you are right, you have a good chance to succeed. (For example being a black Olympic medal winner getting arrested for entering her own BMW on her own driveway means your chances are very good).

gnasher729
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