Can You Refuse to Be Searched by Police?

In general, no. If the police are conducting a search, it should always be within the statutory function of a legal stop and search. In such cases, they have the power to stop and search you if they have reasonable grounds to suspect that you are:

In possession of stolen or prohibited items, such as weapons or drugs.
Carrying an object that could be used to commit a crime, such as tools for burglary.

Under Section 60 of the Criminal Justice and Public Order Act 1994 (and the rarely used Section 44 of the Terrorism Act 2000), officers can search people without suspicion, but only if a written authorisation is in place for that area at the relevant time.

Outside of these powers, the police cannot simply ‘request’ that you submit to a search. If they are not legitimately using a statutory search power or have failed to follow the proper procedure, the search is likely to be unlawful. This means you may be able to sue the police for compensation.

To find out more about stop and search procedures, including how to initiate a claim against the police for an unlawful search, Copper Stopper has the answers.

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