Page 1 of A question for the resident police officers on the forum.

Hello MS999 or anyone else with knowledge.

I was stopped by a police officer on a push bike today while I was driving my car. He said to me that he stopped me because he thought he saw me driving whilst on a mobile phone (Infact I was resting my elbow on the side window). The officer asked to see my mobile phone, so I handed it over, and he then started to examine the call history and saw that the last call was made yesterday, therefore, not guilty of the alleged offense.

Now I understand that under PACE (Police and Criminal Evidence Act) that Police can Stop you, Search you etc and seize items which are concerned in an offense (e.g. seizing a knuckleduster used in an assault) But do they have the power to look through my call history like that? (I know its common sense to see that I had not used the phone through the call history, but I always thought that a warrant would be needed to examine the digital contents of a phone....?)

Any clarification would be appreciated and if possible, a link to the Act/Section of PACE.

Thank you.

Nav

Not a copper myself, but I think what`s happened is that he`s taken you handing the phone over for inspection as carte blanche to check the phone`s records. I know it seems a bit irksome, but frankly it was the correct thing to do, and has absolved you of any wrongdoing. If you`d been a bit standoffish and refused to hand over the phone, he could have taken it further. Of couse he would have been proven wrong, but it would have taken a lot of time, effort, and paperwork to reach the same conclusion.

But that`s just me

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Curse this infernal alcohol...


Writer`s Release
My Collection

Code B of PACE (amended 2008) deals with

- searches of premises
- seizure of items found on persons and premises...

its always been a bit of a grey area trying to find the exact act/section etc, but if you have reasonable grounds to suspect that an offence has taken place, then it is my understanding that there is a power to seize items, ie mobile phone! in this case.

This can then be retained and sent off for analysis..

therefore it is more practicable to check the phone call history, although i belive consent would be required as this may fall under RIPA if done covertly, as you are potentially gaining private information.

Another alternative i use is take details of the persons mobile number, the mobile phone company could then provide details of the call time/date/location/recipients...

*if he wasnt sure that he actually saw you on the phone - then i think he was chancing his arm a bit - i would have stopped you, and words of advice, as i would not be willingto stand up in court and say i had seen something i had had a doubt about?

I stand to be corrected about any of the above..

but a useful website for people with legal queries is:
www.wikicrimeline.co.uk




`i am going to live forever or die trying`

its simple case of the officer using common sense and cutting out hour of paperwork. Yes you did have the right to refuse as you were not detained or under arrest at the time, but if you had refused as Mark states you could have had your phone details taken and checked or your phone seized as evidence.

More important did they apologise for making a cockup? having said that I would have said keep up the goodwork as Im amazed how many people drive and chat away.

mmm chocolate

To be fair, he did say "My mistake, sorry to trouble you" or words to that affect.

Then, I said to him (and I think I did so well within my rights) "OK Officer, you`ve asked me to account for myself, can I have a stop slip. (Form 5090) And he said to me "Oh so you`ve been Stopped and Searched before?" I personally didn`t like this comment like he was insinuating that I was Slag or something, considering that was the first time I`ve been stopped by police in my life. But at the end of the day, the outcome was no further action so I am content.

Oh and thank you for the link MS999. :)

This item was edited on Sunday, 29th March 2009, 14:03

navs it was the trackies and trainees that gave you away as did the large 80`s perm and scouse tash :P now calm down he he

mmm chocolate

I`ve been stopped several times in the car, and never been given a stop slip...wierdest time was outside the cinema. I`d been des for the first part of the evening, then we were crashing at mine as it was within staggering distance of the pubs n clubs.

Had had a copper behind me for a while, and suspected a slight hole in my exhaust...pulled over as soon as it was safe to do so, copper came to the window..."are you louisa"....yes..."could you step out of hte vehicle and leave your engine running"...got out, was asked to come round the back of the vehicle and kneel down (at this point expecting porn film moment ;))...left it a second, then asked if it smelt normal to me...admitted it stank and was asked to take car home, leave it at home til it was fixed, nothing else, not even a check of documents! (very nice copper came and had a quiet word with the psycho that lived above me too which meant he left me alone...very worth while getting pulled over, specially as dad could fix the car with a wire coat hanger and exhaust bandage!)

Also been pulled over for random checks three times (usually around christmas or when my car had just scraped through for an mot but looked like it was dead)....never been given a stop slip....do you have to ask for one?

As I understand it, it is your entitlement. Because of Human Rights, Police have to account for their actions. They follow the numonic (sp) PLAN

Proportionality
Legality
Accountability
Necessary

After I was stopped, I said to him, "Can I have a 5090" and he did so with no fuss. (And under PACE, everytime you`re stopped, they should be giving you a slip)