What are YOUR rights if cop stops you on street?
What are YOUR rights if cop stops you on street? Ex-police chief explains key questions and actions public can take if undercover officer tries to arrest you
Couzens tricked Sarah Everard into his car after staging a fake arrest on herDetails of the devious deception have sparked questions about officersNow a former police chief has given her advice on what is best to do
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Former Met Police chief superintendent Parm Sandhu said people should act on concerns
A former Scotland Yard senior officer has advised Britons of their rights if they are suspicious about an officer, urging people to refuse to get into a car unless it is a marked police vehicle.
Parm Sandhu spoke out after the kidnap, rape and murder of Sarah Everard by Wayne Couzens, who posed as an on-duty undercover officer and flashed his warrant card to handcuff the 33-year-old in a fake arrest to get her in his car.
Details of the elaborate deception have led to many people wondering how they will react if a sole police officer attempts to detain them in the future.
Former chief superintendent Ms Sandhu said there were things people could do if they were concerned about an arrest.
She said: ‘I would say, do not get into the car unless it’s a marked police vehicle, ask to see the radio, or ask the arresting officer to call their colleagues and make sure they are on duty.’
Speaking to ITV’s Good Morning Britain, she added: ‘If you’re really concerned dial 999. This cannot carry on forever, it’s a short-term solution.
‘We’ve got to get that trust and confidence back – but in the short-term they are easy steps to verify you’re being stopped legitimately.’
It came as the Metropolitan released a statement yesterday saying they ‘completely hear the legitimate concerns’ and gave advice for what is expected during a stop.
Police only have the power to stop someone if they have reasonable grounds you have committed a crime.
The only other time they can is if they think you might be carrying a weapon or doing anti-social behaviour.
If they do think this and they ask for your address and details you have to answer and if you fail to it could be considered a criminal offence in itself.
A ‘stop’ occurs when an officer stops and asks you questions, but this is not an official stop and search and you can leave at any moment.
An individual is free to ask whether they are being detained to ascertain if it is a stop and search rather than a ‘stop and account’.
If you are not being detained, you are free to leave and are not required to give your name and address.
If an officer has reasonable ground to believe you were involve in a crime or possess a prohibited item, they can search you.
This can only be carried out by an officer and they can only search your outer clothing.
If they are not in uniform, they should show their identity card and you are not required to give your name and address.
If you try to resist the search, an officer can use ‘reasonable force’ and can also arrest you.
Before the search, police should tell you their name, their police station, what they are searching for and the fact you are entitled to a copy of the search record.
If they believe you are in possession of a controlled drug, police must tell you the law they are searching you under and the reasons for the search.
The smell of cannabis does not meet the requirements for a stop, according to the College of Policing’s authorised professional practice, but it is not legislated.
Police can carry out a search without suspicion of criminality when they are carried out under ‘non reasonable suspicion’ powers granted to an officer of at least superintendent rank.
These give police the power to carry out stop and searches without suspicion because of an increased fear of violence in an area.
These are known as Section 60 searches and can only be applied for a maximum of 48 hours.
During a search, an officer can only ask you to remove outer clothing when in public, such as a jacket, coat or gloves.
They can also put their hand in your shoes, socks and headgear and ask you to turn out your pockets.
A strip search can take place inside a van or somewhere not in public like a police tent.
It must be carried out by an officer of the same sex without an officer of the opposite sex in view, and for those aged under 17, it can only take place in the presence of an appropriate adult.
The officer must give an extra reason for the additional search, and that cannot be that nothing was found in the prior search.
Police must fill out a form giving the reasons for a stop and search and give you a copy unless it is not possible.
Couzens sitting in the front seat of the hire car, after he falsely ‘arrested’ Miss Everard (who is seated in the back) outside Poynders Court on Poynders Road, Clapham
If you believe it is an unlawful search or the officer was inappropriate, you should let them continue and obtain a copy of the search form, before making a complaint.
Also yesterday, Miss Sandhu, 58, called for Met Commissioner Cressida Dick to resign over the Couzens case because the force needed a leader who was not afraid of ‘turning over those stones and finding those awful reptiles underneath it’.
Wayne Couzens, 48, tricked Sarah Everard into his car after staging a fake arrest on her
Miss Sandhu, who successfully sued the force for discrimination last year, told BBC Radio 4’s The World at One she had been ‘vilified’ when she raised concerns about her own treatment.
She added: ‘A lot of women will not report their colleagues. What happens is that male officers will then close ranks and the fear that most women officers have got is that when you are calling for help, you press that emergency button or your radio, they’re not going to turn up and you’re going to get kicked in the street.’
In an interview with Times Radio, Miss Sandhu said it was time for Dame Cressida, who recently extended her contract for an additional two years, to leave the role.
She said: ‘The buck stops with the boss and the boss is Cressida. This has happened on her watch. We need a new set of fresh eyes, somebody who’s going to be independent.’
As of yesterday the Metropolitan Police announced they would not deploy plain clothes officers on their own.
Deputy Commissioner Sir Stephen House said: ‘We will not operate plain clothes officers on their own. If we do use them, they will be in pairs.’
He said there will be ‘occasions’ where that is not possible – such as when a pair of officers are split up – and noted that off-duty officers not in uniform.
A spokesperson for the Liberty human rights advocacy group said: ‘This is a terrible tragedy and our thoughts are with Sarah Everard’s friends and family and all those who have been affected by this case.
‘We should all be able to live our lives safe from the abuse of power. However, this is not the reality for many who face the brunt of structural and state violence.
‘This has been a personal tragedy for everyone who knew Sarah. The fact that another young woman – Sabina Nessa – has been killed in recent weeks is yet another reminder that violence is the daily reality for women in Britain. Both cases highlight the urgency of discussions over gender-based violence.
‘What the case of Sarah Everard has also highlighted is the long-held concerns over the culture of British policing, and its place in society.
‘Like many others, we have long called for a rollback of police powers, which are part of a system that enables the abuse of power, a fact that is well-known to the communities who face regular police violence and harassment, especially people of colour and Black communities in particular.’
They added: ‘It is therefore worrying that current political thinking across the board appears to prioritise increased police powers, from the Government’s Policing Bill to the plans laid out this week by the Labour party.
‘We should not be handing more powers to the police. Rather than talking about how to live with and stay safe from abuse of power, we need to be having meaningful discussions about removing these powers and looking to alternative ways to keep communities safe.’
Couzens was today jailed for the rest of his life with no chance of parole after he ‘misused’ his ‘office and authority’ as a Met officer to kidnap, rape and murder.
Lord Justice Fulford told Couzens he is a ‘warped’ and ‘self-pitying’ killer who relied on his position and knowledge of Covid-19 lockdown laws to carry out one of the most shocking crimes in recent history.
Sarah’s tearful family watched as Couzens, 48, became the first police officer in British history to receive a whole life sentence, standing as he was taken to the cells.
Accusing him of ‘eroding’ public trust in police and making women more frightened to walk the streets, the judge said: ‘Sarah Everard was a wholly blameless victim of a grotesque series of offences’, adding: ‘She was simply walking home’.
The judge made the killer stand and face the court – but he kept his head bowed – as he handed down a whole life term reserved for around 70 of Britain’s most dangerous criminals including serial killers and terrorists.
He said: ‘Wayne Couzens, you kidnapped, raped and murdered Sarah Everard, having long planned a violent sexual assault on a yet-to-be-selected victim who you intended to coerce into your custody.
‘You have irretrievably damaged the lives of Sarah Everard’s family and friends – you have eroded the confidence that the public are entitled to have in the police forces of England and Wales.
‘I have seen no evidence of genuine contrition on your part as opposed to evident self-pity and attempts by you to avoid or minimise the proper consequences of what you have done’.
Outside the Old Bailey his former boss Cressida Dick refused to resign but admitted the now-sacked PC had ‘brought shame on the Met’ and damaged the ‘precious bond of trust’ between the public and police.
She said: ‘Sarah’s kidnap, rape and murder was one of the most dreadful events in the 190-year history of the Metropolitan Police Service.
‘There are no words that can fully express the fury and sadness we feel about what happened to Sarah. I am so sorry’, adding: ‘Speaking frankly as an organisation, we have been rocked. I absolutely know that there are those that feel their trust in us is shaken’.