Ratio Decidendi
A lawful stop and search under s.1 PACE 1984 requires the officer to have reasonable grounds for suspicion based on objective factors relating to the individual, not merely the area or time of day. A search conducted without proper grounds renders any evidence inadmissible.
Fapte
Mr Osman was stopped and searched by officers in an area known for drug dealing. He was found carrying a knife. He challenged the legality of the search on the basis that the officers had no reasonable grounds for suspicion specific to him.
Rezumatul hotărârii
The court held that reasonable suspicion must be based on some objective basis relating to the person being searched. Being in a high-crime area alone is insufficient. The evidence obtained from the unlawful search was excluded.
Citate cheie
"Reasonable suspicion can never be supported on the basis of personal factors alone without reliable supporting intelligence or information."
— Schemann LJ
Tratament ulterior
Cited in PACE Code A guidance on reasonable grounds for suspicion.