There are limited powers in when and how an officer can stop and search you and police must fully comply with the correct procedures as per the law in order for any stop and search to be lawful.
The police cannot detain you simply for you to account for your whereabouts. Our dedicated Actions Against The Police Department have extensive experience in bringing successful claims against police forces all over England and Wales.
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If you have been wrongfully stopped and searched or detained by the police our specialist lawyers may be able to assist you in making a claim. Our department has extensive experience in bringing successful claims against Police Forces all over England and Wales.
We have a wealth of experience in bringing successful outcomes and we are experts in challenging unlawful stop and searches. We understand the challenges faced when bringing claims against a public body such as the police and our specialist lawyers who have received national recognition for claims against the police will provide professional legal advice and guidance unrivalled in this area.
Stopping an individual without objective, specific evidence that they are carrying prohibited items such as stolen goods, weapons or drugs. There has to be some evidence of reasonable suspicion to stop and search you, it cannot just be a ‘hunch’ or ‘suspicion’ without reliable information or specific suspicious behaviour.
Stopping and searching a person based on discriminatory profiling is not lawful. Targeting individuals based on protected characteristics like race, age, sex, or appearance rather than actual behavior is not evidence of reasonable suspicion.
Using unreasonable force during a stop and search encounter or performing more thorough searches or strip searches in public view rather than in private, may be unlawful.
Police are not allowed to stop someone to find evidence of an unknown crime rather than searching for a specific item.
Under Section 2 of PACE, an officer must provide specific information before the search begins. If they fail to provide any of these, the search is unlawful.
Our dedicated team handle a wide range of unlawful stop and search claims. We are experienced, professional and will be at your side every step of the way.
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If you think you have a claim, we can get the ball rolling if you would like to get in touch with us. Please use the details below or you can fill in the contact form and someone at Satchell Moran will get back to you.
Compensation can help cover lost income, and the effects of stress caused by the unlawful stop and searh by the police service. It can also provide financial support while you recover. It is important to seek legal advice as quickly as possible in these cases as they are subject to time limits.
We make the process straightforward so that you can focus on your recovery.
There are several ways that a stop and search may be deemed unlawful. No Reasonable Grounds: The officer cannot explain why they suspect you are carrying illegal items, for example, basing it solely on your appearance, race, age, or past criminal record.
Procedural Errors: The officer fails to provide the necessary information about why you have been stopped and searched: GOWISELY
Misuse of Powers: The officer acts outside the scope of the legal power they quoted.
Excessive Force/Intimidation: The officer uses unnecessary or disproportionate force.
Invalid Section 60: A “no-suspicion” search is conducted without proper authorization from a senior officer.
Time frames for claims against the Police, please note you have a 6 month limitation period to bring any claim under the equality act, 1-year limitation period to bring a claim for any breach of human rights, a 3-year limitation period to bring any claim for injury and a 6-year limitation period for any unlawful arrest/detainment/false imprisonment or trespass to your property.
Compensation can cover general damages (for pain, suffering, and loss of amenity, including mental distress), special damages (for financial losses like lost earnings), and exemplary damages in cases of severe misconduct.
If you have any ring doorbell, mobile phone or dash camera footage please provide this to us when you make contact. If you have made a complaint and are in receipt of the complaint response/outcome report please provide this to us. If you have any paperwork from any criminal proceedings or from your criminal solicitor these can also be helpful.