For the last 14 years or so, I have been heavily involved with law enforcement colleagues from the United Kingdom through a charity called Jack's PACK. Right before I met them and started that journey, while attending law school, I took a summer semester at Oxford University. One of my courses was Comparative Criminal Procedure and it was really interesting learning about the differences between the US and UK. Since I am still involved with the charity and now have hundreds of UK police friends, I thought it would be interesting to start a comparative series. This article will discuss some of the differences between stop and frisk in the two countries.
Law enforcement practices vary across jurisdictions, and two common investigative procedures—Terry stops in the United States and stop and search in the United Kingdom—reflect distinct legal frameworks. In this article, we delve into the specifics of these procedures, exploring the legal standards, search scope, and practical implications in each jurisdiction.
Terry Stops in the United States
Legal Standard
If a police officer has an articulable reasonable suspicion that a particular person has committed, is committing, or is about to commit a crime, he may forcibly stop that individual. This is referred to as a Terry stop. Terry stops, originating from the 1968 Supreme Court case Terry v. Ohio, are an exception to the warrant requirement when supported by articulable facts.
Search Scope
During a Terry stop, if the officer also has reasonable suspicion to believe that the individual is carrying a weapon or dangerous item, the officer may perform a limited frisk of the suspect's outer clothing to ensure they are not armed. The search is focused on detecting weapons that could pose an immediate threat to the officers' safety. The officer may not go into an individual's pockets during the frisk unless they feel what they believe is a weapon. Under the plain touch doctrine, they may also go into the pockets to remove something if they immediately know that what they are touching is contraband other than weapons.
Duration
Terry stops are intended to be temporary encounters, allowing law enforcement to confirm or dispel their suspicions. If officers develop probable cause during the stop, they may proceed to a full arrest. If they do not, they will release the detained individual. The encounter should take no longer than is reasonably necessary to complete the investigation.
Stop and Search in the United Kingdom
Legal Standard
In the UK, stop and search powers are governed by statutes such as the Police and Criminal Evidence Act 1984 (PACE). Officers must have reasonable suspicion to conduct a search, and the Human Rights Act 1998, incorporating the European Convention on Human Rights, adds an additional layer of protection for individuals.
Search Scope
Stop and search in the UK allows officers to conduct more extensive searches for prohibited items, including weapons and drugs. The scope is not limited to a pat-down and may involve the examination of personal belongings. Unlike in the US, officers may reach into an individual's pockets to seek evidence of a crime.
Duration
Similar to Terry stops, stop and search encounters in the UK are meant to be conducted promptly. If officers find evidence during the search that provides reasonable grounds for arrest, they may proceed accordingly.
Comparative Analysis
Legal Standards:
Terry stops in the US and stop and search in the UK both require reasonable suspicion. However, the UK's adherence to human rights standards provides an additional layer of protection for individuals.
Search Scope:
While Terry stops focus on a limited pat-down for weapons, stop and search in the UK allows for more extensive searches, potentially leading to the discovery of various prohibited items.
Legal Frameworks:
Terry stops are grounded in U.S. constitutional principles, while stop and search in the UK is governed by specific statutory laws and human rights considerations.
Understanding the nuances of Terry stops and stop and search procedures is crucial for comprehending the legal landscape in the US and the UK. While both serve as tools for law enforcement to balance investigative needs with individual rights, the differences in legal frameworks and search scopes highlight the unique approaches each jurisdiction takes to ensure public safety within the bounds of the law.