National Investigators Exam (NIE) Practice Exam

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Under what condition can a police officer search an individual or vehicle according to Section 1 of PACE?

  1. With a court order

  2. With reasonable grounds for suspicion

  3. Only during daylight hours

  4. If the person consents to the search

The correct answer is: With reasonable grounds for suspicion

The correct answer centers around the fundamental principle of "reasonable grounds for suspicion" as stipulated in Section 1 of the Police and Criminal Evidence Act (PACE). This legal provision allows a police officer to conduct a search if they have a reasonable basis to suspect that an individual is involved in criminal activity or if they believe that evidence related to a crime is present in a specific vehicle or location. Establishing reasonable grounds requires more than just a hunch; it involves specific facts or information that a reasonable person would conclude to be sufficient to justify a search. This ensures that searches are not arbitrary and respects individual rights while allowing law enforcement to effectively perform their duties in maintaining public safety. In contrast, a court order is not always necessary for a search under PACE unless it specifically pertains to sensitive situations, such as certain types of property. Additionally, the time of day is not a restriction for conducting a search under this provision, making daylight hours irrelevant to the officer's ability to carry out the search. Lastly, while consent can allow for a search, it is not a requirement under PACE, as reasonable suspicion alone is sufficient to proceed.