We are all the same, It doesn't matter who you are, what colour skin you have, what uniform you wear; we veins, we all get hungry, we all need sleep; yet we live in fear, every day fear. Fear of each other, terrorists, illness, authority... Why?Because we are taught to, we learn to form an early age. Every second of every day you are bombarded with things to make you fearful. Every time you switch on the TV, turn the radio, thumb through the paper on the way to work even walking down your local high street. The media, the politicians and the police (especially the police) not only actively encourage but need your fear, to make you mailable, compliant and to do what they want you to do. Here are some things that may actually surprise you.
If you are stopped by a police officer it's good to know your rights; here is a mini guide on how to deal with the situation.
1) Is it actually the police who have stopped you?
Many security guards wear very similar uniforms as the police, for example here is a photo of the Canary Wharf Security:
Here's one of a Tesco Security officer (notice the handcuffs which he was later told he was not allowed to carry)
Why are they allowed to essentially impersonate a police officer?
The law states if you dress like a police officer in a public area you are breaking the law. These companies can get away with it because they are on private land. I other words if you want to dress as a police office in the privacy of your own home, its perfectly legal; and not at all misleading I would suggest. Walking around Canary Wharf (private property)pretending to be a police officer arguably could be misleading.
Why do private companies want to dress their people like real police?
Its psychological. If someone looks like a police officer, subconsciously you associate them with a figure of authority and are more likely not to question them.
What legal powers does a security guard have?
If confronted by the above security guards would you give them your name and address or show them ID... Most people would, as we are conditioned to do what authority tells us to do from an early age. This is why shops like to dress their security in police costumes, as it tells our subconscious that these people have power over is. In fact they have no power at all...
They cannot demand you give them your name or address, show ID or intimidate/threaten you. They can only detain you until the real police arrive if you have committed a criminal offence.
If you have committed no offence they have no powers. To touch you would be common assault. They can ask you to leave private property. If you refuse, they cannot use force and can only call the police who do have the right to physically remove you.
A private security guard actually has no more rights than you or I under British Law.
They have the right of 'citizens arrest' which everybody has. They can detain you if you have committed an offence or they have reason to believe you have committed an offence(Usually stealing). They may only use force if: You attempt to flee, they have reasonable grounds to believe you could cause injury to others, yourself or intend to commit criminal damage. However if you are later found not to have committed an offence, they could be found to have broken the law themselves. This is why security camera's are in most shops these days, keeping a record of events is essential.
2) It is a genuine police officer who has stopped me?
Assuming it is a police officer who stopped you like this one (compare this to the other images and particularly the first image of a Canary Wharf Security officer; if the police officer below wasn't carrying the machine-gun could you tell the difference?)
1) REMAIN CALM!
To get aggressive, threatening, rude or over excited gives the police the right to arrest and detain you and certainly won't help your case. Its not always easy to control the adrenalin rush you are bound to experience but take a few slow breaths and do your best to stay calm.
2)Record the incident
Most of us these days have phones with video cameras on them so use them. Even recording using sound only is to your advantage. The police will try to convince you to switch the camera off and not film them(why? when they film us on CCTV and police camera on a daily basis are they so afraid themselves). You are perfectly within your rights to film do not be dissuaded. They are not allowed to confiscate your camera unless they have a strong reason to believe you may be using the film to break the law at a later date. (terrorist, intelligence gathering etc). You can if they are intimidating you agree to point the camera at yourself thus allowing you to carry on recording the incident. Recording the incident makes the police officer very careful about what they say and how they deal with you as they will be unable to deny at a later date something they have said on camera. It means you also have a good record of the event.
3)Where possible and legal help them
Do give them any information which they can legally request you give (see below). They are doing a tough job and obstructing an officer of the law is not to be advised as it will probably lead to your arrest.
4)Do not give them your name and address
You might be surprised to learn, you are not legally obliged to give a police officer your name and address or date of bith (unless you are arrested or strongly suspected of committing a crime). The can request this information but they cannot demand it. To do so is to break the law, you could remind them of this if they happen to FORGET! (You see why the camera is useful yet?). Not handing them this information could be seen as suspicious and they will ask you why you don't want to supply it. Saying something like 'I am not confident that this information will be held securely' or 'I don't trust where this information might end up' is a good valid reason and difficult to argue against. You could ask the officer to give you their name and address in exchange after all fairs fair (watch them baulk and plainly refuse this information... Why if they have nothing to hide?)
5)Do make a note of their badge number
Which they must wear at all times (unless they are plain clothed where the must by law show you a warrant card with badge number as soon as they stop you)
6)Try to remove yourself from the situation calmly.
Calmly asking 'am I under arrest' is a good question as a negative response (or refusal to directly answer the question) indicates that they cannot legally detain you and you can state that you want to stop answering questions and move away. (unless you are being stopped and searched or stopped and accounted-see below)
7)STAY CALM!
Yes I know I mentioned this one at the start but it is worth saying a second time.
The police are legally allowed to ask you to account for yourself:
For example, you could be asked to account for your actions, behaviour, presence in an area or possession of anything. When the police stop you and ask you for an explanation remember, you don't need to provide your personal details.
4)Stop and Search
When can the police stop and search you?
The police can stop and search any person, vehicle, and anything in or on the vehicle for certain items. However, before they stop and search they must have reasonable grounds for suspecting that they will find:
- stolen goods, or
- drugs, or
- an offensive weapon, or
- any article made or adapted for use in certain offences, for example a burglary or theft, or
- knives, or
- items which could damage or destroy property, for example spray paint cans.
There are a few exceptions to this rule. If a serious violent incident has taken place, the police can stop and search you without having reasonable grounds for suspecting they will find the items.
The police can also search a football coach going to or from a football match if they have reasonable grounds for suspecting there is alcohol on board or that someone is drunk on the coach.
The police can also stop and search you or your vehicle if they reasonably suspect you of terrorist activity. They can't stop and search you just for being in a particular area, unless they reasonably suspect you of terrorist activity.
But the police do not have the right to stop and search you just because of your race or religious background.
When the police stop to search you, they must provide you with the following information or the search can't begin:
- proof of their warrant card
- information on police powers to stop and search
- your rights
- the police officer's name and police station
- the reason for the search
- what they think they might find when they search you.
If you are not given a copy of the search record, you can ask for a copy. You must do this within three months of the date of the search.
In all of these situations where the police have a right to stop and search, they should not require you to take off in public any clothing other than an outer coat, jacket or gloves.
A more thorough search or a strip search may take place in private, for example in a police van. A strip search must be made by a police officer of the same sex.
If you are arrested, the police can search you for anything you might use to help you escape or for evidence relating to the offence that has led to your arrest.
In some circumstances a police officer of the rank of inspector or above can give the police permission to make stops and searches in an area for a certain amount of time - as long as this is for no more than 24 hours. When this permission is in force the police can search for offensive weapons or dangerous instruments whether or not they have grounds for suspecting that people are carrying these items. An officer with the rank of assistant chief constable or above can also give permission for searches in an area in order to prevent acts of terrorism.
Where can the police search you?The police can search you in any place that is generally open to the public. This means they can search you anywhere other than your home and your garden, or the home or garden of someone who has given you permission to be there. If the police have reasonable grounds for believing that you are not, in fact, in your own home or that you are somewhere without the permission of the homeowner, they can search you.
Remember!
In the eyes of the the law a police officer and you and I are seen as EQUAL. In other words, they are no more important then you and must account for themselves in the same way you and I have to. Next time you see a police officer, don't feel so intimidated; after all they are just a human being in a costume!
I want to thank the citizens advice bureau for the info on stop an search, but most of all the 'Love Police' Who first woke me up to the fact that we are all walking around in a daze, half asleep doing what we are told, believing without question everything we are told, unaware of what is going on around us and not seeing 'The Big Picture'. Most of this article is because of them and based on the numerous 'Youtube' videos that show this guide put into practice very clearly!
To see a selection of their 'Youtube' videos click here
