The Independent Office for Police Conduct has reminded the country’s 122,000 police officers that they should not stop and search someone simply because they can smell illegal cannabis on them.
The reminder comes after a Metropolitan Police officer was told that he must undertake “reflective practice” after the IOPC upheld part of a complaint that was made against him following a stop and search that was carried by out the officer back in November 2019.
The IOPC said that it found that the officer’s grounds for stopping and searching Emmanuel Arthur in Euston – under section 23 of the Misuse of Drugs Act – were ‘not reasonable’.
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The IOPC added that the use of the smell of cannabis, which is a Class B controlled drug, ‘is not good practice as set out in the College of Policing’s Authorised Professional Practice and stop and search’.
No drugs were found on Mr Arthur during the search, and he was not arrested for any offences.
During the investigation into the officer, the IOPC took statements from three other cyclists as well as the three officers who were present during the stop and search.
The IOPC also looked at stop and searches which had been carried out by the officer during the preceding 12 months.
Part of Mr Arthur’s complaint against the officer was that he felt that he had been stopped because he is black.
The IOPC found no evidence that the officer had targetted Mr Arthur only because of the colour of his skin and as such they did not uphold that part of the complaint that was made against the officer by Mr Arthur.
The IOPC made a recommendation that the officer received “reflective practice” with a focus on “what constitutes reasonable grounds for stop and search, particulary relating to the smell of cannabis”.
The IOPC said that its review of the officer’s previous stop and searches revealed that the officer had used the single ground of the smell of cannabis to stop and search people of all ethnicities and genders.
The IOPC said that it also recommended the officer would benefit from further ‘reflective practice’ to consider the impact of what it described as the ‘disproportionate use of stop and search on BAME communities’, as it appeared the officer did not understand why Mr Arthur had felt racially profiled by him.
IOPC Regional Director Sal Naseem said:
“Stopping someone on the single ground of a suspicion of the smell of cannabis is not good practice, and it’s right that the officer will have to reflect on this.
“Our investigation found the officer had used the same approach on other occasions, but with people of all sexes and ethnicities.
“However, it’s still important to acknowledge that Mr Arthur felt racially profiled. The importance of police officers recognising, and being aware of, the disproportionate impact stop and search has on black communities in particular cannot be understated.”
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Is it April 1st?? So an Officer who detects the scent of an ILLEGAL drug should ignore it and not search the person?? Its ridiculous, if I ever smell of drugs and the Police stop and search me THEY ARE DOING WHAT WE PAY THEM TO DO, THEY ARE FOLLOWING THE LAW! and for this Officer who now has, on his record, that he had to refect on racial profiling of the black community, even though there was no evidence of racial bias and that part of the complaint was dismissed is just wrong, I and every other member of the public want the Police to enforce the law, without fear or favour, regardless if they are dealing with any ethnicity or gender or orientation.. as a member of the public, im amazed that anyone joins the Police anymore.. To any Officers reading this rant, Im sorry you are saddled with the iopc and these “woke” decisions.. Please remember the public stands beside you, even if the iopc don’t…..
Well said
As John Ward said 🤷♂️
Just shows how totally inept and dangerous the IOPC are and they have not read Sec 23 MDA.
Ridiculous.
So True. If you’ve nothing to hide or done nothing wrong what’s the problem.
THE IOPC AS USUAL HAS SHOWN HOW PATHETIC AND ANTI POLICE THEY ARE.
So does a sniffer dog not give grounds to search for explosives if it gives an indication in a car, building, etc. Imagine the outcry if we didn’t and what the IOPC would do if it was ignored! Yet because it’s cannabis and the pressure from certain members of society over stop and search, we need to reflect and have more grounds to search. Utter rubbish. Yet more reason not to trust the IOPC and more reason not to stop and search because the hard working officers simply aren’t supported.
Encapsulates the IOPC and their standing in law enforcement family, baseless and irrelevant. In the course of a lawful stop and search Mr Arthur’s feelings are also irrelevant. Perhaps the college of policing can explain, with the presence of the smell, what additional grounds are needed before a search. I personally doubt any of them have smelt cannabis.
This is really beyond a joke so many constraints on our officers now make their job near impossible by the PC brigade. I find it disturbing and unbelievable