In order for PC Sharkey to have legally exercised his powers of stop and search he must have subjectively and objectively had reasonable grounds for suspecting that Marcus is containing unlawful or prohibited articles.
The Police and Criminal Evidence Act 1984 Section 1 (3) provides that a constable does not have the power to search a person unless he has reasonable grounds for suspecting that he will find stolen or prohibited articles. Thus, in the case of Chapman v DPP Lord Bingham held that a constable must reasonably suspect the existence of facts amounting to an offence …show more content…
Thus, In the case of R v Bristol it was held that the police officer was in breach of s, 2(2) of the 1984 Act after he had suspected that the defendant was going to swallow drugs and applied pressure to the defendants throat in order to stop him swallowing it, as he failed to brining the attention to his name and police station which means the search was unlawful. The only steps P.C Sharkey takes is asking Marcus what is in the bag, these facts this do not constitute as reasonable step such as stating his name and police station which, as provided in R V Bristol , would constitute an unlawful search and a breach of s,2 (2)