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Police powers to search Vehicles

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Police powers to search Vehicles

Postby subspace » Tue Jun 14, 2016 7:22 pm

Can the police be sued for searching a vehicle without having reasonable suspicion in a case where the law requires reasonable suspicion? If so, under what tort would it fall under?

It would not be battery unless the police also laid their hands on the driver e.g. by searching them.

I don't think it would be false imprisonment as the Police have a general power to stop vehicles. It is also questionable whether a driver who's car is stopped by the police could be described as being "imprisoned" unless I suppose they try to walk off and the police stop them leaving.

Violation of article 8 (right to private life) of the HRA? Although I question whether a search of a car engages article 8.

Trespass to goods? Trespass to land? Is entering a car without the consent of the driver trespass, even if it is parked in a public place?

The scenario I was thinking is if the Police spot a car being driven by a known criminal and decide to pull it over and search the car on the off chance that they might find something incriminating.
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Re: Police powers to search Vehicles

Postby dls » Wed Jun 15, 2016 12:38 pm

There are also powers given under road traffic and other legislation.

When a police officer acts, it is up to him to ensure that he knows what power he acts under and its limits. Ask.
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