BACKPolice Powers to Stop and Search
[ Note: the concept of a police officer wishing to search someone who they have approached because he or she is naked might appear amusing, but the information on this page is included for the sake of completeness and to cover the issue of searches carried out after arrest]
The power of the police to carry out searches of people and property has increased in recent years.
As with other police powers, a cynic might suggest that it is in the interests of police officers to allow people to conclude that their powers of search are more extensive than they really are.
General Principles
In English law, any significant interference with your personal liberty is regarded as unlawful and the circumstances in which a police officer is permitted to search you, your car, or your property are set out in - and limited by - the law.
The police are entitled to stop you in a public place and ask you questions - including whether you are willing to consent to being searched. You are within rights to refuse to give consent and you cannot be arrested for refusing to consent to a search which would be unlawful.
A police constable may not search you without your consent in the hope that he will find something to justify the search.
Other than special powers to carry out random 'stop and searches' (under the Terrorism Act and other limited circumstances) a police officer must have reasonable grounds for believing that you are in posession of:
A search will be unlawful unless the constable tells you his name and police station, what he is looking for, and what grounds he has for thinking he will find it.
Search following arrest
If you are arrested, the police may may search your person, your vehicle and a building in which you were found for articles related to the offence for which you were arrested. You may also be searched for items relating to any offence - but only at the time of arrest, or shortly afterwards.
A police officer may search you at the time of arrest for any article that he reasonably believes makes you a danger to yourself or others, or which he believes may assist you to escape from custody.
If you are arrested and taken to a police station, you must be searched and a list made of your possessions, as part of the custody procedure.
Please Note:
The information given on this page is intended only as a general
guide to the the legal position . It was not written by a
legally-qualified individual.
It should not be relied upon as a definitive guide to the law ,
and is only applicable to England and Wales. The law in Scotland
and Northern Ireland may be different.
Neither the author nor the publishers of this
FactFile can be held responsible should naturism or nudity cause you to be
arrested and / or prosecuted for any offence.