Stop and search, Tottenham – Metropolitan Police Service, June 2020

On 23 May 2020, officers from the Metropolitan Police Service’s (MPS) Territorial Support Group stopped a car in the Northumberland Park area of London owing to concerns around the manner of driving and the car not being local to the area. The officers and driver engaged in a conversation, in which one officer informed the man they could smell cannabis. They detained him for the purpose of a search under the Misuse of Drugs Act. He was placed in handcuffs during the search. The officers did not find any drugs or drugs paraphernalia and removed the handcuffs.

During the interaction, officers did not wear face masks and only put on gloves sometime into the incident, by which point they had handled property belonging to the man and made physical contact.

On 6 June 2020, the man raised several concerns in the form of a complaint. He complained about the way in which he was stopped, the grounds for the search, the force used during the search and officer failure to use Personal Protective Equipment (PPE) during the COVID 19 pandemic.

The officers involved in this incident were treated as witnesses and they provided witness statements.

During our investigation we reviewed body worn video footage, the paperwork the officers completed after the incident and the previous stop and search records of the searching officers. We also reviewed MPS policies concerning stop and search and the use of PPE while on duty. MPS policy on PPE (in place at the time of the incident) explained that gloves and face masks should be worn when social distancing cannot be achieved. The guidance explained that PPE may have to be put on quickly and should be quickly accessible to officers.

We concluded our investigation in February 2021 when we shared our report and findings with the Metropolitan Police Service. We agreed that the man’s complaint about the use of PPE should be upheld. It was determined that officers could have reasonably foreseen that they would be near the man and would handle his property. As such, officers’ ought to have put on gloves, at the very least, prior to speaking with the man. It was agreed both officers should undergo the formal reflective practice review process to learn from this incident.

The man’s other complaints were not upheld. During the review of body worn video footage, there was no evidence to support the man’s complaint that the officers acted aggressively in following or charging towards him. We determined the use of force was necessary, justified and proportionate in these circumstances. The man did not immediately respond or reply to verbal commands and refused to show his hands. One officer also stated he observed the man touching his waist band, which made him fear that he may have a weapon concealed. In addition, an officer explained to the man that he still had control of the car keys and became concerned when the man did not immediately comply to step out the car.

The man was detained for a search once an officer said they could smell cannabis. The officers stated that their grounds to conduct the search were informed by several elements.

The manner of driving, his movements in the car, his delay in responding to the approaching officer, his reluctance to show his hands and the perception of suspicious behaviour were all perceived by the officers as cause for concern.

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.

We did not identify any organisational learning, but the investigation was considered as part of a wider piece of work we did to study stop and search cases nationally.