Search of an off-duty police officer who challenged the police intelligence informing stop - West Midlands Police, May 2022

On 30 May 2022, three police officers were on patrol in the Aston area of Birmingham when they stopped and searched an off-duty police officer and his friend. The off-duty officer was told he was to be stopped and searched due to his manner of driving, there was police intelligence linked to his car and the smell of cannabis. The officers were unaware he was an off-duty police officer and it was not until he was searched that one officer found his police warrant card and questioned why he had not told him straight away. 

An officer handcuffed and searched the off-duty officer, whilst other officers searched his car and his friend, and nothing was found. The off-duty officer questioned the intelligence linked to his car and denied the smell of cannabis. Later, the handcuffing officer established at the scene the intelligence was incorrect. 

The off-duty officer reported the incident to WMP professional standards department, and a conduct referral was made to the IOPC.

During our investigation we served three notices of investigation for gross misconduct on the officers involved in the stop and search. Investigators interviewed the officers, examined body worn video footage and obtained statements the off-duty police officer.

We concluded one officer should face a misconduct meeting which took place in December 2023. While the discreditable conduct allegation was not proven, a breach of honesty and integrity regarding the smell of cannabis was proven.  The officer received a written warning which will remain on record for 18 months.  

We carefully considered whether there were any learning opportunities arising from the investigation. We make learning recommendations to improve policing and public confidence in the police complaints system and prevent a recurrence of similar incidents. 

In this case, the investigation has not identified any learning.