Page:Police and Criminal Evidence Act 1984.pdf/8

2c. 60

(2) Subject to subsection (3) to (5) below, a constable—
 * (a) may search—
 * (i) any person or vehicle;
 * (ii) anything which is in or on a vehicle,
 * for stolen or prohibited articles; and
 * (b) may detain a person or vehicle for the purpose of such a search.

(3) This section does not give a constable power to search a person or vehicle or anything in or on a vehicle unless he has reasonable grounds for suspecting that he will find stolen or prohibited articles.

(4) If a person is in a garden or yard occupied with and used for the purposes of a dwelling or on other land so occupied and used, a constable may not search him in the exercise of the power conferred by this section unless the constable has reasonable grounds for believing—
 * (a) that he does not reside in the dwelling; and
 * (b) that he is not in the place in question with the express or implied permission of a person who resides in the dwelling.

(5) If a vehicle is in a garden or yard occupied with and used for the purposes of a dwelling or on other land so occupied and used, a constable may not search the vehicle or anything in or on it in the exercise of the power conferred by this section unless he has reasonable grounds for believing—
 * (a) that the person in charge of the vehicle does not reside in the dwelling; and
 * (b) that the vehicle is not in the place in question with the express or implied permission of a person who resides in the dwelling.

(6) If in the course of such a search a constable discovers an article which he has reasonable grounds for suspecting to be a stolen or prohibited article, he may seize it.

(7) An article is prohibited for the purposes of this part of this Act if it is—
 * (a) an offensive weapon; or
 * (b) an article—
 * (i) made or adapted for use in the course of or in connection with an offence to which this sub-paragraph applies; or
 * (ii) intended by the person having it with him for such use by him or by some other person.