1 ANNOTATED BIBLIOGRAPHY Answer One: Annotated Bibliography on police powers of Stop and Search Books Weber, Leanne, and Ben Bowling, eds.Stop and search: Police power in global context. Routledge, 2014. The practice of stopping of vehicles and individuals by the police is a common practice everywhere. It can be said that the power of stopping of vehicles and individuals to check them for the possession of illegal substances has been granted by the police. The police also have the power to stop passengers, who are about to board flights if they suspect that such passengers possess of illegal and prohibited substances. The power of stop and search has been granted to the police to prevent the occurrence of any crime or terrorism. The study focuses on the change of police powers of stop and search over time and has been conducted by interviewing the several police officers across sites. The police powers of stop and search range from stopping individuals who are suspected of carrying prohibited and illegal items, to stopping suspected passengers travelling by train. Delsol, Rebekah, and Michael Shiner, eds.Stop and search: The anatomy of a police power. Springer, 2015. The police have the objective or the mission of preventing crime and disorder and thus have been granted the power of stop and search. However it can be mentioned that the burden of policing are faced and suffered primarily by the people living on the streets. Thus it can be stated that the objective of the power of stop and search of the police is to protect the public as well private property and maintain peace and harmony of the society.
2 ANNOTATED BIBLIOGRAPHY Jason-Lloyd, Leonard.Introduction to Policing and Police Powers. Routledge, 2013. The power to perform the operation of stop and search by the police has been granted to the same to increase concerns about public safety. The aforementioned powers are granted to the police by the provisions as stated by the Public Order Act 1994, Terrorism Act 2000 and Offensive Weapons Act 1996. The Public Order Act 1994 states that the police been granted the power to perform search and stop operation on the people so as to prevent the commencement of serious crimes and violence. Journal Articles Murray, Kath. "Stop and search in Scotland: An evaluation of police practice."SCCJR Report1 (2014): 2014. The police powers of stop and search refers to a wide range of powers granted to the police which are statutory as well as non statutory. The police power of stop and search can be defined as an encounter between an individual and a police office where the former is stopped by the latter and checked for the possession of illegal and prohibited substances. The police officer also has the power to stop and search individuals for the evidence. In some cases it has been noted that the police have conducted stop and search operations more extensively on the young age groups without reasonable suspicion. Bradford, Ben, and Ian Loader. "Police, crime and order: the case of stop and search." (2015). The purpose of the study is to analyze the concepts of crime and order using the concepts of stop and search. The powers of stop and search as granted to the police are governed by several jurisdictions. The power of stop and search acts as a tool of detecting and regulating
3 ANNOTATED BIBLIOGRAPHY crime and can also as a vital agent of legal regulation. The power of stop and search tries to control and prevent crimes from happening. Murray, Kath. "The proactive turn: stop and search in Scotland."Scottish Institute for Policing Research(2014): 24. The study gives a detailed analysis on the use of non-statutory power of stop and search as exercised by the police. It can be stated that the use of non- statutory power of stop and search by the police does not require any proof suspicion and can be exercised on verbal consent. However it is essential to evaluate the distinction between proactive and reactive policing approaches to stop and search procedures. Bradford, Ben. "Policing and social identity: Procedural justice, inclusion and cooperation between police and public."Policing and society24.1 (2014): 22-43. The study suggests that the aggressive stop and search operations, carried on by the police to counter terrorism should not be only reviewed as an instrument to implement effective policing but also should be reviewed by the human perspective. The experiences of the individuals who have been stopped and searched without reasonable suspicion should also be taken into consideration. Many have stated that they had been treated unfairly by the police. Case Arizona v. Johnson, 129 S.Ct. 781 (2009) In this case the petitioner Johnson was the sitting in the backseat of a car and was detained by the police because he exhibited suspicious behavior. The police had told him to step out of the car for questioning him about his gang affiliation and suspected he possessed a gun. It
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4 ANNOTATED BIBLIOGRAPHY was held by the court that the detention of Johnson was justified for he was a passenger of a car which had been stopped for insurance violation.
5 ANNOTATED BIBLIOGRAPHY Answer two: Summary of Gough v DPP [2013] EWHC 3267 Mr. Gough was walking around wearing nothing but socks, boots and compass round his neck in the town Hlaifax. He stated that the human body cannot be considered incident if exposed to the public. He was immediately convicted and charged with the violation of section 5 of the Public Order Act 1968 on March 11 2013. According to Sir Brian Levenson P, βThe judge found that the appellant foresaw the fact of alarm or distress as the consequence of his voluntary decision to walk naked through Halifax town centre and was at least aware that his behavior may have been threatening, abusive, insulting or disorderly.β1According to Sir Brian Levenson P, the appellant appealed to the Higher Court against the order passed by the District Magistrate court of conviction2. 1Gough v DPP [2013] EWHC 3267 at 3 2Gough v DPP [2013] EWHC 3267 at 2
6 ANNOTATED BIBLIOGRAPHY Bibliography Weber, Leanne, and Ben Bowling, eds.Stop and search: Police power in global context. Routledge, 2014. Delsol, Rebekah, and Michael Shiner, eds.Stop and search: The anatomy of a police power. Springer, 2015. Jason-Lloyd, Leonard.Introduction to Policing and Police Powers. Routledge, 2013. Murray, Kath. "Stop and search in Scotland: An evaluation of police practice."SCCJR Report1 (2014): 2014. Bradford, Ben, and Ian Loader. "Police, crime and order: the case of stop and search." (2015). Murray, Kath. "The proactive turn: stop and search in Scotland."Scottish Institute for Policing Research(2014): 24. Bradford, Ben. "Policing and social identity: Procedural justice, inclusion and cooperation between police and public."Policing and society24.1 (2014): 22-43. Bradford, Ben, Jonathan Jackson, and Mike Hough. "Police futures and legitimacy: Redefining'good policing'." (2013). Arizona v. Johnson, 129 S.Ct. 781 (2009) Terry v. Ohio, 391 U.S. 1 (1968) Osman v UK[1999]ECtHR Lodwick v Sanders[1985] DC
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7 ANNOTATED BIBLIOGRAPHY Gough v DPP [2013] EWHC 3267 King v Gardner(1979) DC Shaaban Bin Hussein v Chong Fook Kam[1970] PC Dallinson v Caffrey(1965) Herring v. United States, 129 S.Ct. 695 (2009) Ashcroft v. Iqbal, 129 S.Ct. 1937 (2009) Chimel v. California, 395 U. S. 752 (1969)