Section 23
Misuse of Drugs Act

While the smell of cannabis is a significant factor, institutional guidance in 2026 states that it should ideally be supported by other indicators to form complete 'reasonable grounds'. However, the smell of burning cannabis in a confined space (like a vehicle) is almost universally accepted as a valid basis for a search.

Generally no. Under Section 23(3), police require a warrant from a Magistrate to search a dwelling. Exceptions include situations following an arrest (S.18 PACE) or where there is an immediate risk to life (S.17 PACE).

Yes, under Section 117 of PACE, officers can use reasonable and proportionate force to conduct the search if the person refuses to cooperate or attempts to destroy evidence.

If the search is negative, you must be released immediately. You have a right to a record of the search, which can be obtained at the scene or within 3 months from a police station.

Yes, if the officer suspects the phone contains evidence relating to an offence under the Misuse of Drugs Act (e.g., messages detailing drug supply).

No. Any search involving the removal of more than 'JOG' (Jacket, Outer coat, Gloves) must be done out of public view, typically in a police station or a private area like a police van.

Generally, you do not have to provide your name and address for a stop and search unless the officer intends to report you for an offence or issue a summons. However, refusing may be used as further 'grounds' in some contexts.

Yes, you have a legal right to film police interactions as long as you do not physically obstruct the officer in the execution of their duty.

An intimate search involves searching body orifices. This is NOT allowed under Section 23 MDA and requires senior officer authority and medical personnel under PACE rules.

Yes. Section 1 PACE is for general prohibited items (stolen goods, weapons). Section 23 is specifically for controlled drugs and has wider powers regarding premises (with warrants).

Section 23(4) makes it a criminal offence to intentionally obstruct a person exercising powers under the Act. This can lead to arrest and a criminal record.

Only if they have individual reasonable grounds to suspect each passenger is in possession of drugs. Being a passenger in a car where drugs are found does not automatically justify searching every person.

It is the procedural requirement for every search: Grounds, Object, Warrant Card (if plain clothes), Identity of officer, Station, Entitlement to a record, Legal power used, and You are being detained.

The power is the same, but more intrusive searches (strip searches) require an Appropriate Adult to be present.

Yes, the search record and the resulting exhibits are the primary evidence in drug possession or supply trials.

Evidence may be excluded under Section 78 PACE, and the individual may be entitled to claim civil damages for battery or unlawful detention.

The search itself does not, but if it leads to an arrest, caution, or conviction, that will appear on a Standard or Enhanced DBS check.

Yes, Section 23(2)(b) allows the search of any vehicle or vessel. If the owner is not present, the police must leave a notice detailing the search.

A more serious offence where the quantity of drugs, or presence of packaging and scales, suggests the individual intended to sell or share the drugs.

Yes, Section 23 powers are active 24/7/365 across all public and authorised spaces.

The law requires that you are detained for no longer than is necessary to complete the search. Unreasonable delays can make the detention unlawful.

GOWISELY is a mnemonic used to ensure officers comply with the legal requirements of Section 2 of PACE before they start a search. It stands for: Grounds, Object, Warrant Card (if not in uniform), Identity of officer, Station, Entitlement to a record, Legal power used, and You are being detained. If an officer fails to provide this information, the detention and subsequent search may be ruled unlawful, and any evidence recovered (even class A drugs) could potentially be excluded from a trial.

Yes, there is no minimum age for a Section 23 search. However, the police are required to treat children and vulnerable adults with high levels of care. For any search that involves more than the removal of outer clothing (MTS), an 'Appropriate Adult' must be present, and the search must be conducted by an officer of the same sex. National guidance in 2026 emphasizes that searching children should be a last resort and based on clear, specific intelligence regarding exploitation (e.g., County Lines).

Generally, no. Nervousness, sweating, or avoiding eye contact are not, on their own, sufficient to form 'reasonable grounds for suspicion.' These can be natural reactions to being stopped by the police. For a search to be lawful, the officer must cite other objective factors, such as seeing an exchange, receiving 999 reports from the public, or observing paraphernalia. Any search based solely on 'nervousness' is likely to be found unlawful upon review.

Only with a warrant or under specific post-arrest powers. Section 23(2) allows searches in a 'public place.' To search a private dwelling for drugs, the police typically need a warrant issued by a Justice of the Peace under Section 23(3). The only exceptions are if you have been arrested and the police are searching the premises where you were arrested (Section 32 PACE) or premises you occupy (Section 18 PACE) for evidence related to that offence.

While 'Quality Street' is a nickname sometimes used in legal circles for the varied nature of drug charges, the actual case law governing drug searches (such as *R v Samuel*) focuses on the right to legal advice and the limits of police detention. In the context of Section 23, the most important cases define the 'Objectivity' of suspicion, ensuring that an officer's personal bias cannot be dressed up as a 'hunch' to justify an otherwise illegal search.

Yes, if they have reasonable suspicion. A person's bag, pockets, and any items they are carrying are all subject to search under Section 23. The officer does not need to arrest you first; they can detain you in the street for the duration of the search. However, they must follow the GOWISELY protocol before they reaching into your bag.

If the officer is in uniform, they do not need to show their warrant card unless you ask to see it. However, if the officer is in plain clothes (undercover), they MUST show their warrant card to prove their identity and authority before they begin the search process. If a plain-clothes individual tries to search you without showing a warrant card, you are within your rights to question their authority and ask for a uniformed officer to attend.

MTS stands for 'More Thorough Search.' It involves the removal of more than outer clothing (e.g., a shirt or socks) but does not involve the exposure of intimate parts. A full strip search (Exposure of Intimate Parts) is a much more serious procedure that must be conducted in accordance with Code A, Annex A, which requires it to be done in a private place, out of sight of the public and officers of the opposite sex.

Being in a 'high crime' or 'drug area' is a factor that police can take into consideration, but it is never enough on its own to justify a search. The officer must have grounds that relate specifically to YOU. If the police could search everyone in a high-crime area without individual grounds, it would be a violation of the European Convention on Human Rights (Article 8). This is a common point of successful legal challenges against the police.

If the police cause damage to your vehicle during a Section 23 search (e.g., pulling out door panels) and no drugs are found, you may be entitled to compensation from the police force. You should document the damage immediately and file a claim with the force's legal department. However, if drugs are found, it is significantly harder to claim for damage, as the police will argue the search was necessary and the force used was 'reasonable' in the circumstances.

The search itself does not go on your criminal record, but the *record of the search* is kept on police intelligence systems. A criminal record only occurs if you are subsequently arrested, charged, and convicted in a court of law, or if you accept a formal police caution or a 'Community Resolution' (though the latter does not technically count as a conviction).

The law states you can be detained for 'as long as is reasonably necessary' to conduct the search. For a street search, this is usually 5 to 15 minutes. If a strip search is required at a police station, it will naturally take longer. However, if the police keep you detained for an excessive amount of time without finding anything, it could constitute 'False Imprisonment,' for which you could claim damages.

In 2026, almost all frontline officers in England and Wales are required to wear Body Worn Video (BWV). They are mandated by Code A to activate the camera before the search begins. The footage from these cameras is vital evidence—it shows whether the GOWISELY protocol was followed and whether the officer's description of your behaviour matches what actually happened. You have a right to request a copy of this footage under a Subject Access Request (SAR).

Yes. You have a legal right to film the police in a public place. As long as you are not 'obstructing' the search (i.e., you aren't physically getting in the way or interfering with the officer's movements), you can hold your phone and record the interaction. This is often the best way to ensure the police follow the law. For more details, see our specific guide on 'Can You Film the Police?'

Possession with Intent to Supply (PWITS) is a much more serious offence than simple possession. It is proven by looking at the quantity of drugs found, the presence of 'dealer's list' (notes of sales), large amounts of cash, scales, and 'deal bags' (small empty bags used for packaging). Even a relatively small amount of drugs can lead to a PWITS charge if the other indicators of dealing are present.