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Being Stopped And Searched.


Gurooo
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If you are ever stopped and searched by police, whilst wearing a kirpan (more than 3inch) then what should you do? Especially if you are a teenager.

Has anyone ever been searched by police?

It is the risk that we take everyday.. ! Which country you are from? As SS mentioned above, carrying a small article or brochure printed by sikh organizations will help more than giving personal explanation.

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To be honest, in London, I don't see it happening in the first place. On the whole the UK is great for us on such issues, the police in most places defintely have enough knowledge about Sikhs and kirpans. With that in mind, if a Sikh is wearing a dastaar (not one of those back of the head joora patka jobs) and not showing any strange or threatening behaviour I think you would be one of the last people to be selected for a search. I have never been.

However, if you were to be stopped all you have to do is tell them beforehand that you are a practicing Sikh and therefore you are wearing a kirpan as an article of your faith, at this stage I'm guessing they may ask you to show it to them, as has been my experience in getting through security in govt. buildings. If its England, and somewhere like London, or any other major town with a Sikh population, you shouldn't really have any problem on that point as they should know about the kirpan already.

Regardless, we should be aware of the following:

http://www.legislation.gov.uk/ukpga/1988/33/part/XI (139)

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If its England, and somewhere like London, or any other major town with a Sikh population, you shouldn't really have any problem on that point as they should know about the kirpan already.

Regardless, we should be aware of the following:

http://www.legislation.gov.uk/ukpga/1988/33/part/XI (139)

Thanks for the link to the article. Although you would expect a wider understanding of the kirpan by the authorities there have been a few isolated instances in the last 5 years in the UK where an individual officer has been unaware of the Kirpan and has wrongly arrested a Sikh male for wearing the kirpan.

A Singh I know in Coventry was involved in a minor road collision. The Police were called and during questioning an officer noticed the bottom of the Singh's 9inch taksali kirpan. He was then arrested and taken back to the Police station. However, the arresting officer and custody sergent must have consulted others and eventually found out about the kirpan. I think several hours passed before the Singh was released.

I think we take it for granted that there is an awareness of the Kirpan within the various Police forces, particularly in Sikh populated areas in the UK.

There is scope for work that needs to be done by UK Sikh bodies to ensure a relationship with the Police so that they are regularly updated on the right of the Sikh to wear their kirpan. It's dangerous to become complacent and assume the knowledge is out there.

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keep in mind that in some western countries, like canada, the police can't just search you for no reason, even if they suspect you of wrongdoing, they have no legal right to search you. if they asked me if they could search me, i would ask them why. even if it sounded reasonable, i would still refuse. if they ask why, you can just say that you don't feel comfortable with someone violating your privacy like that.

if they arrest you that's a different story. then they can search.

just be aware that police generally pretend to have the legal right to do certain things that they don't have the right to do, like search you or search your vehicle. BUT, because they carry themselves so authoritatively, usually people agree to a search. At that point, you have effectively given them permission to search you or your vehicle.

of course, if they see your kirpan poking out from under your shirt and mistake it for some ordinary weapon,that''s kind of a different situation.

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keep in mind that in some western countries, like canada, the police can't just search you for no reason, even if they suspect you of wrongdoing, they have no legal right to search you. if they asked me if they could search me, i would ask them why. even if it sounded reasonable, i would still refuse. if they ask why, you can just say that you don't feel comfortable with someone violating your privacy like that.

if they arrest you that's a different story. then they can search.

just be aware that police generally pretend to have the legal right to do certain things that they don't have the right to do, like search you or search your vehicle. BUT, because they carry themselves so authoritatively, usually people agree to a search. At that point, you have effectively given them permission to search you or your vehicle.

of course, if they see your kirpan poking out from under your shirt and mistake it for some ordinary weapon,that''s kind of a different situation.

In the U.S. cops can search you with 'just cause'. The grounds at which they can search you are so vague that they can get away almost all the time without any legal work.

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The Sikh Coalition has a Kirpan Resources Page http://sikhcoalition.org/InfoKirpan.asp Go to the bottom and see which of these documents would be effective for you to carry around with you. Perhaps one of them indicates size limitataions. I think SC has offices in California, so California rules are probably also taken into account here (I am referring to a later post). I don't know where you are from, but even if you are not from the US, at least some kind of literature on your person at all times is preferable to trying to explain to someone cold that you belong to a religion they have never heard of and that that "hidden weapon" (according to their vocabulary) is part of your way of fulfullling your relligious obligations.

To answer your question more directly, if the police grab you for a kirpan do not resist, explain you are Sikh, that is a kirpan, a ritual dagger which you wear as part of your religion, you have (you should by then) paperwork in your backpack explaining it, do not fight or argue with them if they try to make you take it off or take it away from you. They have guns and you can eventually get it back or get a new one but if you freak them out and they think you are going to attack them there is only one of you. That might sound a little dramatic, but you can't be too careful with police.

On the other hand they might not care. I haven't heard anybody's story of being accosted by the police for kirpan possession, and it hasn't happened to me, though I am often expecting it, so I have no true idea what would happen. I do carry at all times court papers from decisions indicating that kirpan is a religious article protected by the First Amendment and is not a weapon and that it is incorrect for police to stop individuals for carrying one or confiscate it. Just in case.

Your question is very pertinent, so much that the SC itself dedicates an entire page of its site to the issue, so you are not alone in your anxieties. Best of luck.

If you are ever stopped and searched by police, whilst wearing a kirpan (more than 3inch) then what should you do? Especially if you are a teenager.

Has anyone ever been searched by police?

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