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Constitutional / Public Law

The Unlawful Search

Context

PC Watts stops Marcus, a 24-year-old Black man, on a high street and says: 'You look like you've been up to something — I'm going to search you.' PC Watts gives no specific reason. The search uncovers a small quantity of cannabis. Marcus is arrested and charged. Marcus's solicitor challenges the lawfulness of the search and argues the evidence should be excluded.

Step 1. What are the requirements for a lawful stop and search under s1 Police and Criminal Evidence Act 1984?

Answer options for step 1