4.1 Stop and search

1. ‘Stop and search’ refers to the practice of police and other authorised officials stopping individuals in public places, with the view to inspecting the person, objects in their possession or their vehicle. Stop and search do not always happen in sequence, however as stop followed by search entails particular human rights risk, they are treated in this resource note as one concept. As the person concerned cannot leave the scene during this procedure, stop and search constitutes a form of deprivation of liberty. Other forms of deprivation of liberty considered in this practical resource toolkit include ‘arrest’, ‘police custody’ and ‘transport’. Stop and search should be limited to preventing or detecting crimes and requires a reasonable suspicion that such a crime has been committed.
2. As stop and search is not associated with the safeguards that apply to an arrest or a search with a warrant, specific precautions are needed to ensure it does not breach an individual’s rights to freedom of movement, non-discrimination, liberty or privacy. Furthermore, it is important that the use of the practice respects due process rights and contributes to – rather than undermines – the fairness of any criminal proceeding. In order to ensure that a stop and search is justifiable in any particular case, and not arbitrary, it is important that law enforcement officials only exercise this power when it is legal, strictly necessary and proportionate.
3. Many countries have sought to regulate stop and search by introducing specific legislation or rules and/or adopting codes of practice and guidance. These tend to identify the criteria to determine when a stop and search is appropriate and explain how a stop and search is to be carried out. Some countries have limited the circumstances in which stop-and-search powers may be exercised by introducing temporal, geographic and/or subject-matter restrictions. A number of countries have expanded stop-and-search powers in the wake of public concern about specific types of crime, for example, carrying dangerous weapons (such as knives) or illicit drugs. Stop-and-search powers have also been granted to various authorities in the context of health emergencies to enforce policies to prevent the spread of communicable diseases, such as COVID-19.
4. Studies have shown that ethnic, racial or religious minority groups and other marginalised or disadvantaged persons can be disproportionately targeted by stop and search. This can have a corrosive impact on relations between law enforcement and the affected communities, making those targeted less willing to cooperate with law enforcement and potentially limiting the effectiveness of police work in those communities. It is contrary to international law for stop-and-search powers to be used in ways that discriminate against particular communities or individuals, and some States have taken measures to promote equality and non-discrimination in all law enforcement work. This involves measures such as human resources policies to ensure the representation of all communities and diversity in the police force itself, and training and awareness-raising about the unacceptability of discrimination and the risks of stereotyping and racial profiling, as well as of conscious and unconscious bias. Furthermore, the introduction of data-capture processes such as body-worn cameras to record stops and searches in some countries has served as a deterrent against abuse of power and appears helpful for both monitoring purposes and follow-up of any potential complaints, while complying with regulations on the protection of personal data.

This non-exhaustive list of safeguards is considered helpful to improve the efficacy of stop and search, to better regulate these practices, and to protect against arbitrary and unlawful stop-and-search practices.

5. Legal basis: The practice of stop and search has to be based on and in accordance with law which indicates with sufficient clarity and precision the scope and duration of the power, the appropriate procedures and the competent authorities. It is recommended that law enforcement agencies develop detailed guidelines with precise standards for stop-and-search practices, in consultation with relevant groups, in order to prevent racial profiling and ensure that internal policies, including standard operating procedures and codes of conduct, are in line with human rights obligations and standards.
6. Reasonable grounds: Officers are required to have reasonable grounds to suspect, based on specific, objective, timely and reliable information, that the person to be stopped and searched has committed or may be committing a crime, or has in their possession illegal goods or substances. In this respect, it has been recognised that reasonable grounds should be based on sound information, rather than on the individual’s personal or social characteristics, such as ethnicity, age or physical appearance. (For more on the requirement of reasonable suspicion or reasonable grounds for arrests, see resource note on ‘arrest’).
7. Right to information: Officers have to identify themselves (name and ID number) and explain to the person being stopped and searched the reason and the legal basis for the measure. Distributing brochures setting out a person’s rights is considered a good practice and could help to de-escalate tensions.
8. Respectful conduct: At all times, the officer shall treat the person stopped and searched with fairness, dignity, courtesy and respect. This includes cultural sensitivity and taking into consideration the age, gender and mental state of the person stopped and searched.
9. Special regulations and training for frisking/pat-down body searches of women, children and LGBTIQ+ persons: Pat-down body searches of women and girls, as well as members of the lesbian, gay, bisexual, transgender and intersex (LGBTI) community, during stop-and-search procedures have to be performed in a gender-sensitive manner, including the requirement they be performed by a female officer or an officer of the gender preferred by the individual. The impact of searches on women is aggravated by the context of male-dominated power relations and socialised ideas about the female body, as well as the greater likelihood of previous experience of sexual or gender-based violence as a woman, with the search more likely to trigger previous trauma. This is also particularly relevant for LGBTI persons. In exceptional cases, where police believe that it is strictly necessary that a child (any person under the age of 18) be subjected to a stop and search in the absence of a parent/guardian, the information on the procedures should be provided in a way that the child understands.
10. Special regulations and training on stop and searches of persons with mental health conditions or physical disabilities: Training on stop-and-search procedures should include clear guidance on how to deal with and protect persons with mental health conditions or physical disabilities during stop-and-search procedures. (For more information on specific safeguards for persons with mental health conditions or physical disabilities, see also resource note on ‘arrest’).
11. Recording of information: Using data-capture processes, including pen and paper, mobile phones, hand-held devices, laptop computers, dispatch radios and/or body-worn cameras, to record information about stop-and-search practices will aid transparency and accountability. Routine data capture is important for the deterrence of overuse or misuse of the practice and to maintain case records of stops or searches, in order to assist with the follow-up of criminal cases and potential complaints. States should refrain, however, from automated processing of personal data and pay due regard to privacy issues. Data that identifies the person who has been stopped and searched should be marked ‘classified’ to preserve anonymity and privacy rights, and any personal data should be stored in accordance with data-protection legislation. Once the timeframe for lodging complaints about stop and search expires, any personal data from a stop and search which does not form part of an ongoing criminal investigation file should be destroyed.
12. Disaggregated data: Collecting disaggregated quantitative and qualitative data on stop-and-search practices is also helpful for carrying out statistical analysis and monitoring, in order to assess trends across different communities and police units. The anonymised statistics generated by such practices should be made available to the public, and the possibility of dialogue with local communities provided. Data collected should always be conducted in accordance with human rights standards and principles, such as data-protection regulations and privacy guarantees.
13. Receipt: A good practice is to issue any person subjected to a stop and search with a ‘receipt’ indicating the date, time, reason and outcome of the procedure, as well as the details of the officer that conducted the procedure (name, ID number and station).
14. Complaint mechanism: Persons stopped and searched who are dissatisfied with the way they have been treated should have access to effective complaints mechanisms which promptly and impartially consider their complaint. Complaint mechanisms and procedures must be accessible to all persons, including members of groups that may be more vulnerable. Child-friendly complaint mechanisms and procedures should also be made available. It is recommended that an independent body be designated or established that can handle particularly serious complaints, or those which are not resolved to the satisfaction of the complainant.
15. Independent investigation procedures and oversight mechanisms: Effective and independent monitoring mechanisms, both internal and external, are key safeguards against misconduct. It is considered good practice to conduct periodic audits, with the help of independent experts, to identify gaps in internal policies and practices. (For more information, see the resource note on ‘independent investigation procedures and oversight mechanisms’).
16. Training: Police forces and training institutions should include training in the use of stop-and -search powers, including how to identify and avoid unconscious bias, the impact of biases on their work, how to ensure non-discriminatory conduct, techniques to de-escalate situations in case of refusal to comply, and standard operating procedures applicable to a range of possible scenarios.
17. Outreach: Grassroots community outreach and involvement is recommended, in order to gain the trust and respect of local communities. Dedicated and sensitive outreach efforts regarding women, youth and minority groups are considered good practice. This will help ensure that any problems associated with stop-and-search procedures are appropriately notified by the community to the police and that there is a forum in which problems can be discussed and resolved.
18. Diversity in recruitment: The recruitment, retention and advancement strategies for law enforcement agencies should promote a diverse workforce, including officers from diverse gender, ethnic and other backgrounds, so as to be more representative of the populations they serve and to promote a culture of diversity and non-discrimination within law enforcement agencies. This may be particularly relevant in the context of stop-and-search procedures and help to de-escalate the use and improve acceptance of the measure. (For more information, see also the resource note on ‘recruitment procedures’).

• Code of Conduct for Law Enforcement Officials, adopted by General Assembly resolution 34/169 of 17 December 1979.
• Basic Principles on the Use of Force and Firearms by Law Enforcement Officials, adopted by the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, Havana, Cuba, 27 August to 7 September 1990.
• Committee on the Elimination of Racial Discrimination, General recommendation No. 36, Preventing and Combating Racial Profiling by Law Enforcement Officials, 24 November 2020.

• Inter-American standards on Racial Profiling, June 2019.
• European Union Agency for Fundamental Rights (FRA), Your rights matter: Police stops, Fundamental Rights Survey, Luxembourg, Publications Office, 2021.
• Organization for Security and Co-operation in Europe (OSCE), High Commissioner on National Minorities, Recommendations on Policing in Multi-Ethnic Societies, February 2006.

• UNODC/OHCHR Resource book on use of force and firearms, Criminal Justice Handbook Series, 2017, Chapter 9: Stop and search, arrest and detention, page 135.
• Open Society Justice Initiative and Plataforma de la Gestión de la Diversidad, Toolkit for the Analysis of Police Identifications: A practical guide to the analysis of police stop data, May 2020.
• EU Fundamental Rights Agency, Towards More Effective Policing Understanding and Preventing Discriminatory Ethnic Profiling: A Guide, October 2010.
• UNODC, Handbook on police accountability, oversight and integrity, Criminal Justice Handbook Series, 2011.