Process of strip search

Freedom of information request reference no: 01.FOI.22.023850

I note you seek access to the following information:

I would like to know the official procedure for a stop and search regarding what an officer can do as search powers appear vague.

1. Can officers feel/pat the chest/breast areas of persons given that something may be concealed within the breast area given that it protrudes in many cases on women and men and it is the outer clothing?

2. Can officers feel up the leg until they make contact with the vagina or testicles, given that, that is the outer clothing?

3. Can officers feel the inside of a person’s waistband, given that, that is NOT outer clothing, but rather it is on the inside side of clothing?

4. Can officers remove a person’s face mask on a standard search such as a surgical mask or can they only pat the outside of it given that it is outer clothing?

5. Can officers require subjects to take off socks and shoes on a standard search?

6. During a strip search, are you legally required to spread your bum cheeks?

Please can citations be provided, thank you.

Decision

I have today decided to disclose the located information to you in full.

Please find below information pursuant to your request above.

For context the MPS can explain that searching people is intrusive and must be conducted with respect, consideration and tact. Officers must conduct themselves in a manner which demonstrates professionalism at all times. The intrusion upon the liberty of a person being searched must be proportionate to the level of search conducted. Officers are taught the basic methodology of conducting a search in a systematic way, searching the overlap of search areas. Officers are taught not to pat but instead use a sliding movement of the hands, feeling for foreign objects through the clothing. Where the appropriate legislation applies, garments may be removed and searched separately.

Within the MPS the level and extent of search using statutory powers where the detained person is not under arrest is defined as:

• A standard search - A search involving no removal of clothing other than a jacket, outer coat or gloves
• A More Thorough Search - A search involving the removal of more than a jacket, outer coat, gloves, headgear, footwear, religious headgear, upper and lower clothing but not revealing intimate parts of the body.
• A More Thorough search where Intimate Parts are exposed - A search involving the removal of more than a jacket, outer coat or gloves which exposes intimate parts of the body (genitals, buttocks and female breasts)

The table below provide displays the types of search and respective differences in procedure.

Level	Extent of search	Who can search?	Where can you search?
1	Standard: Up to Jacket, Outer coat & Gloves removed	Any Officer	Public Place
2	More Thorough: Headgear & footwear removed	Any Officer	Out of public view
3	More Thorough: Religious headgear only removed	Same sex where practicable	Out of public view
4	More Thorough: Upper and lower clothing removed	Same sex	Out of public view
5	More Through Intimate Parts exposed	Same sex	Out of public view (not in police vehicle)

Q1 - Can officers feel/pat the chest/breast areas of persons given that something may be concealed within the breast area given that it protrudes in many cases on women and men and it is the outer clothing?

The officer must have formed a genuine suspicion in their own mind that they will find the object for which the search power being exercised allows them to search and the suspicion that the object will be found must be reasonable. Should this suspicion exist officers are taught to search for the item sought through the clothing.

Q2 - Can officers feel up the leg until they make contact with the vagina or testicles, given that, that is the outer clothing?

The extent of search must be limited to where they reasonably expect to find the item sought.

Q3 - Officers feel the inside of a person’s waistband, given that, that is NOT outer clothing, but rather it is on the inside side of clothing.

Yes, if the clothing is not removed it remains a standard search if clothing is removed it becomes a more thorough search. It is the removal not the type of clothing that defines search type. Outer clothing is outer clothing in the same way the inside of a jacket or outer coat or pockets can be searched. All elements of the question therefore are covered by the different levels of search that exist should officers have a genuine suspicion they will find the object there and that suspicion is reasonable.

Q4 - Can officers remove a person’s face mask on a standard search such as a surgical mask or can they only pat the outside of it given that it is outer clothing?

Yes, providing the clothing is not removed it remains a standard search, if clothing is removed it becomes a more thorough search. It is the removal not the type of clothing that defines search type. A surgical mask that is not worn to conceal identity is not outer clothing. An officer could feel over the mask or look under the mask under, with the current relaxation of Covid restrictions.

Q5 - Can officers require subjects to take off socks and shoes on a standard search?

No, this would constitute a More Thorough Search.

Q6 - During a strip search, are you legally required to spread your bum cheeks?

No. In the MPS a strip search is classified as a search that takes place in custody under arrest where intimate parts are exposed. If necessary to assist the search, the detainee may be required to hold their arms in the air or to stand with their legs apart and bend forward so a visual examination may be made of the genital and anal areas provided no physical contact is made with any body orifice.