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#1 Posted : 08 July 2005 12:36:00(UTC)
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Posted By David Raymond
Hello,

I've been asked by one of my consultants for some advice regarding the searching of cars and lorrys entering a companies site.

Can anyone advise whether he is allowed to stop and search vehicles entering site? I know that the police have to have a warrant before they can search, but does this apply when the vehicle is on the site?

In light of recent occurances is there any set out legislation etc.

Please help.

Regards

Dave
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#2 Posted : 08 July 2005 16:58:00(UTC)
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Posted By Bill Fisher
David

I am not aware of any specific legislation; someone else may know otherwise.

That said I assume that your site is fenced with specific gated access. Have you, through risk assessment concluded that searching of vehicles a persons is a desirable move?

If so then get your workforce on side through consultation a persuasion.

As for visitors and deliveries post clear notice that anyone entering the premises may be subject to search - both personal and baggage. By entering your Site they agree to accept this criteria.

As for deliveries and "contractors" write to them, explain the reasons and expand contracts to include.

Anyone not willing to adhere is turned away.

And to ensure it works get a senior manager to own the process, but also be available to adjudicate and meat out action, should it come to that.

Of course male to male, female to female.

Regards
Bill
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#3 Posted : 08 July 2005 17:56:00(UTC)
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Posted By David Raymond
Bill,

Thank you for your help.

Dave
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#4 Posted : 08 July 2005 21:15:00(UTC)
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#5 Posted : 09 July 2005 17:45:00(UTC)
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Posted By steven bentham
You have not stated what they are searching for? Drugs; weapons; guns; porn; illegal workers; contaminated meat?

Would you wish to extend your search to persons?

What are they going to do when they find what they are searching for?

You should consider if your client as any legal right at all to search people coming in [car and person would count the same in my mind] you need to be aware of Police Powers & Procedures Act and Human Rights Legislation.

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#6 Posted : 10 July 2005 18:50:00(UTC)
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Posted By John Murgatroyd
It seems your client has no right to search people as they see fit.
If it is an employee, then presumably the employment contract has that clause in it ?
If not, then there is no right to search. Even if there is, there will be limitations...you cannot go to their house and search...
Even the police have limitations as to searching (amply covered in a simple google) and the employer has less right than the police.
If they are not your employees, then tough...no right to search at all (exceptions apply...nuclear establishments, railway stations etc)
Like most businesses, they are probably thinking they are the law....here comes more litigation.
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