Mr Plod
Windy_Blow
Posts: 46
Following on from the 'why only me officer' thread I would be interested to know what powers the police have when stopping anyone on the road. Do they have the power to ask for ID?
I believe even if you drive you are not required to have your licence with you, and can agree to present it to the station a few days later. But what about on the bike?
If you say you have no ID do they have the right to search you?
I have only been stopped once and asked to give ID. I refused and said I had no ID on me. The policeman accepted this (I was very polite) and asked for my name and address which I duly gave - and which he had no way of verifying.
Could I have refused? If he had searched my bag and found ID could I have been charged?
I believe even if you drive you are not required to have your licence with you, and can agree to present it to the station a few days later. But what about on the bike?
If you say you have no ID do they have the right to search you?
I have only been stopped once and asked to give ID. I refused and said I had no ID on me. The policeman accepted this (I was very polite) and asked for my name and address which I duly gave - and which he had no way of verifying.
Could I have refused? If he had searched my bag and found ID could I have been charged?
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Comments
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i was asked for id but refused, they also issued a stop and search document the information on the whole was written down incorrectly, and they gave my reason for being stopped a code 'd' which equates to investigating crime,disorder or anti-social behaviour! the only bit they got correct was my post code they even spelt my name wrong three times...chunps!
dangerous jules.
you just have to accept that some days you are the pigeon, and some days you are the statue!dangerous jules.0 -
sorry my spellings poop today...chumps not chunps![:D]
dangerous jules.
you just have to accept that some days you are the pigeon, and some days you are the statue!dangerous jules.0 -
can't see anything wrong with giving name and address, it gives you a cracking alibi if you get blamed for something else at another part of town[8D]
unless you have actually committed a major crime of course[:D]0 -
HELLO, BOB!! HOW'RE YOU DOING?
Baby elephants? Pah!!This post contains traces of nuts.0 -
Yes, but if you accidently give them the wrong address and they issue you with a penalty notice or whatever if it is, then they would have no way of tracking you if you subsequently forget to pay the fine would they?0
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<blockquote id="quote"><font size="1" face="Verdana, Arial, Helvetica" id="quote">quote:<hr height="1" noshade id="quote">name and address which I duly gave - and which he had no way of verifying. <hr height="1" noshade id="quote"></blockquote id="quote"></font id="quote">
would only take a quick call on the radio to verify ( voter register / dvla etc ) . . . would come back in seconds
- last known address / particulars
- any outstanding etc.
I suppose whether they would make the call is down to whether they think you are being honest or not.
MTB eijit0 -
depends why he has stoped you. If you have done somthing wrong like jumping a light he can ask for your name and address and do whatever he thinks necessary to verify it.
if you haven't done anything wrong then he can chat and ask what he likes, you don't have to reply.0 -
I think giving a false name and address is an arrestable offence, so it could exacerbate the situation.
http://lifeonthetube.blogspot.com/0 -
'Road wars' is a valuable insight into the workings of the law....[:D]
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<blockquote id="quote"><font size="1" face="Verdana, Arial, Helvetica" id="quote">quote:<hr height="1" noshade id="quote"><i>Originally posted by Windy_Blow</i>
Do they have the power to ask for ID?
I believe even if you drive you are not required to have your licence with you, and can agree to present it to the station a few days later. But what about on the bike?
If you say you have no ID do they have the right to search you?
I have only been stopped once and asked to give ID. I refused and said I had no ID on me. The policeman accepted this (I was very polite) and asked for my name and address which I duly gave - and which he had no way of verifying.
Could I have refused? If he had searched my bag and found ID could I have been charged?
<hr height="1" noshade id="quote"></blockquote id="quote"></font id="quote">
In relation to driving, believe it or not it is an offence not to present your driving documents to a police officer, however not many people carry their documents, the reason for the 7 day producer.
If you were stopped and they had reason to suspect you were in the process of committing a crime then yes they have the power to detain you and seach you. If you refused then you could be arrested.
However if just checking who you are then no they do not have the power to seach you.0 -
I would so love it if drivers in the UK were obliged to carry their license and vehicle insurance in the car with them at all times when driving instead of this bogus '7 day' rule.
"We will never win until the oil runs out or they invent hover cars - but then they may land on us." -- lardarse rider"We will never win until the oil runs out or they invent hover cars - but then they may land on us." -- lardarse rider0 -
Unless they're holding their warrant card out, and even if they are, then you don't have to stop, as you have a perfect excuse that you thought they could have been fake police, and were in fact criminals dressed up in police uniforms trying to mug you for your bike as you've heard there's been a spate of them recently. That's if they ever catch up with you.0
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The Association of Police Authorities have set up this website explaining things: www.stopandsearch.com
<blockquote id="quote"><font size="1" face="Verdana, Arial, Helvetica" id="quote">quote:<hr height="1" noshade id="quote">You do not have to give the officer your name and address, but it is helpful for the police if you do so and for you if you wish to complain. The police will keep your information on file in case they need to contact you later. If you have any concerns about the information that the police may hold on you, you can ask to see it.
If you decide not to tell them your name and address, you cannot be arrested for this reason only.<hr height="1" noshade id="quote"></blockquote id="quote"></font id="quote">
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I believe that under the anti terrorism act (2005) that in areas subject to the act (London being one) that police officers have the power to stop and search anyone they want, motorists, cyclists and pedestrians. They have to make a record of the search, which includes your name and address, result of the search, officers details etc. If you give a false name and address, I don't believe that in itself is an offence, unless you have committed some other offence (for instance RLJ, littering, no tax on your car) If the officer suspects you have not given a correct address (or checks and finds that you have not) then you can be arrested under S25 of PACE, even though the original offence (littering etc) is not in itself an arrestable offence.
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<blockquote id="quote"><font size="1" face="Verdana, Arial, Helvetica" id="quote">quote:<hr height="1" noshade id="quote"><i>Originally posted by The Boss</i>
Unless they're holding their warrant card out, and even if they are, then you don't have to stop, as you have a perfect excuse that you thought they could have been fake police, and were in fact criminals dressed up in police uniforms trying to mug you for your bike as you've heard there's been a spate of them recently. That's if they ever catch up with you.
<hr height="1" noshade id="quote"></blockquote id="quote"></font id="quote">
Uniform police do not need to hold there warrant card out, however if requested will show. If you don't stop (and they do get you) then you have committed an offence. We're talking uniformed officers here. If a non uniform officer was to stop a cyclist then they would need to show their card and I guess we're looking at serious offences, even Section 44 of the Terrorism Act is stop by a uniformed officer only.0 -
It wouldn't bother me if a cop asked for ID.I'd probably show it depending on the circumstances.Only if I thought he wasn't a real cop then I wouldn't show it.
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If you weren't 'wanted' for anything, it would probably take less time just showing the ID than arguing about NOT showing it.
http://lifeonthetube.blogspot.com/0 -
Not giving your detals simply to be pedantic... and take advantage of a right you have just for the sake of using that right is counter-productive really...
... because pedantry works both ways...
To refuse is actually giving the officer reason to suspect you have something to hide. Oh yes, you have the right to refuse.. but the officer also has power to act if he 'suspects' something is dodgy (as indeed does any citizen of the UK), he does not actually need proof of wrong doing.
Okay, in most cases it is to be hoped the copper can see just what is happening, the refusal is simply for the sake of refusing... and let it go. But put his back up to much, he may just go that step further and make things official. You do not have to be guilty of anything to be arrested... guilt is proven or disproven later. But if a copper suspects someting is out of whack he can take away your liberty (arrest) whilst further enquiries are made. In this case.... there would be no wrongful arrest... you have given him reason to suspect.
And... as been said above... if he has your name, and address given verbally... he can just radio them in to get a check on the electoral roll, and find any outstanding warrants. Refusing to give your name (which IS a reasonable request) can be construed that you having something to hide.0 -
for various reasons which should be perhaps discussed in soapbox i'm not on an electoral register how whould his search to identify me on the spot without that go?
dangerous jules.
all right ,lets not panic, i'll make the money by selling one of my livers. i can get by with just one right?dangerous jules.0