My, theres a lot of dissent about the Police and rumours and fairy tales about what they can and cannot do.! But PCSO`s are fair game, they are the product of a cheapskate Government and in my opinion a bad idea. (gets off soapbox but carries on with rant.......)
But, you dont have to commit an arrestable offence to be arrested. Being suspected of committing one is enough. AliB stated " The Police and Criminal Evidence Act 1984 gives Police the authority to search you and your property or location ON ARREST" Maybe, but only if suspected of committing certain offences, ie, burglary or theft. PACE is very specific on this and leaves an extensive auditable paper trail.
Police have powers to stop and search anyone as long as they use the following legislation.
Section 1 of the Police and Criminal Evidence Act (PACE) 1984
Section 1 of PACE is the most commonly used power and gives the police power to stop and search people and vehicles for stolen goods and offensive weapons on the basis of reasonable suspicion.
Section 60 of the Criminal Justice and Public Order Act 1994
Section 60 of the Criminal Justice and Public Order Act 1994, gives police the right to search people in a specific area at a specific time when they believe, with good reason, that there is the possibility of serious violence or that a person is carrying a dangerous object or offensive weapon.
This law is used mainly to tackle football hooliganism and gang fights.
Section 44 of the Terrorism Act 2000
Section 44 of the Terrorism Act 2000 gives police the power to search people for equipment that could be used to commit a terrorist act. Police can search anybody anywhere under this law, and they do not need reasonable suspicion to do so. It is under this law that police conduct random searches in train and tube stations.
These searches are an important tool in the ongoing fight against terrorism. Used as part of a structured anti-terrorist strategy, the powers help to deter terrorist activity by creating a hostile environment for would-be terrorists – ensuring it is not easy for them to carry or use explosives. ( or, as many have found to their cost, use their cameras!)
This is the section togs and others are being stopped for. Again, there are strict guidelines covering this. If you think you have been treated incorrectly, complain to the Chief Officer at the local Police station. The more people complain, the better the chance that we stop getting harrassed. I do not condone photographers being stopped and searched under this power, unless they are in restricted places, or acting suspiciously, then they are fair game ( I believe even Trafalger Sq is classified as a restricted place!!)
Many Police use a tried and tested formula designed to give them guidance on how they deal with people they speak to after stopping them ( either in a car or on foot.)
Its commonly called " The Attitude Test" I used it all the time.
How YOU react generally denotes how you will be dealt with. Its not in any Police manual, but still used all the same. This happens in all walks of life too. Google BETARI`S BOX to get an idea. Now you know why a lot of people always have a hard time interacting with others, especially with any people in authority!
But, in relation to the bus spotter, it is sad that innocent people are hounded by these political correctness bullies.
I spend a lot of time working with and photographing people of all ages. I have an Enhanced CRB ( criminal records bureau check). Anybody can get one. If you are going to be photographing people where kids are likely to be, why not get one too?
Saves a lot of hassle.
Just imagine the face of the overbearing PC or PCSO when he( or she) challenges you for photographing members of the public and you shove that ( politely) in his ( or her) face.
Rant over, I feel much better now, time for a
Allan