ABSTRACT
The first issue to be addressed is whether the officers were originally entitled to stop and search Marcus, and on which basis. Section 1 of PACE 1984 allows a valid stop and search of a person only when a number of conditions have been met. The search must be for stolen or prohibited articles, or offensive weapons, and the officer must be able to show that he had reasonable grounds for suspicion that any such article would be found. It is not clear why the decision to stop and search Marcus was made: it could have been on suspicion that he had been involved in the violent disturbance,
Marcus, a journalist, is seen at 3 am outside a nightclub by two police officers who are responding to a report that a violent disturbance is occurring. He appears to be angry and hostile. The police officers stop Marcus, search his pockets and question him. They find a small knife which they believe has been used in an assault earlier that night. At this point, Marcus becomes angry and swears at the officers, then repeatedly kicks the police car. While Marcus is being taken to the police station, an officer visits Marcus’s home and searches there for evidence related to the earlier assault. They find items which they believe are related to several other serious offences.
