NCJ Number
107144
Journal
Public Law Dated: (Summer 1986) Pages: 285-310
Date Published
1986
Length
26 pages
Annotation
Currently in Great Britain, almost any grounds are sufficient to prove 'reasonable grounds' for a police arrest decision. The courts should provide an exclusionary list of factors which should never qualify as 'reasonable grounds' for suspicion leading to arrest.
Abstract
Such an exclusionary list was discussed by the British Advisory Committee on Drug Dependence in relation to personal appearance and dress. In relation to stop and search, the Code of Practice under the Police and Criminal Evidence Act extends the list to exclude a person's color, membership in a particular group, and previous convictions for possession of unlawful articles. Such lists of excluded factors could be further extended to include alibis which have not been checked and found to be untrue, refusal to give name and address, refusal to speak to or associate with the police, rude or insulting language or conduct, previous criminal record, and mere presence at a particular place at a particular time. Such guidelines would not only help protect civil liberties but would also standardize police powers and guide individual officers in exercising reasonable discretion. 11 footnotes.