chandelierman Posted November 6, 2009 Report Share Posted November 6, 2009 (edited) deleted Edited November 12, 2009 by chandelierman Quote Link to comment Share on other sites More sharing options...
Gordon R Posted November 6, 2009 Report Share Posted November 6, 2009 If they were executing a warrant, the damage would not be criminal. You are entitled to have any damage repaired. In terms of the arrest, it would only be wrongful if you were arrested for something you hadn't done, nor had the Police any genuine suspicion. I presume you were arrested on suspicion of committing an offence, in which case you will almost definitely not be compensated. Quote Link to comment Share on other sites More sharing options...
chandelierman Posted November 6, 2009 Author Report Share Posted November 6, 2009 (edited) deleted Edited November 12, 2009 by chandelierman Quote Link to comment Share on other sites More sharing options...
Gordon R Posted November 6, 2009 Report Share Posted November 6, 2009 It boils down to what they said when they arrested you. If they arrested you on suspicion of committing an offence, they are almost bomb proof. Quote Link to comment Share on other sites More sharing options...
monkeyboots Posted November 6, 2009 Report Share Posted November 6, 2009 (edited) ' Edited May 5, 2010 by monkeyboots Quote Link to comment Share on other sites More sharing options...
Hezbear Posted November 6, 2009 Report Share Posted November 6, 2009 You can claim for the damage if they found nothing against you but not for wrongful arrest, my friends brother did 2 weeks on remand for a offence but it wasn't him so he got compensation for his time on remand but not wrongful arrest Quote Link to comment Share on other sites More sharing options...
henry d Posted November 6, 2009 Report Share Posted November 6, 2009 Not many legal types answering this, why not ask a lawyer ?? Citizens advice bureau..... ? Quote Link to comment Share on other sites More sharing options...
Gordon R Posted November 6, 2009 Report Share Posted November 6, 2009 Henry - I too would welcome the definitive legal opinion, but I have been on as many house searches and arrests as you can point a stick at. Quote Link to comment Share on other sites More sharing options...
toka_shigazu Posted November 6, 2009 Report Share Posted November 6, 2009 Hi, i go with Gordon on this....the only add on is i though recently the damage thing had changed.... if a warrant is executed and damage caused then they dont have to make good the damage or compensate you even if nothing is found and you are not charged?? not too sure but i know thats what those subject to a warrant are told up here.... Quote Link to comment Share on other sites More sharing options...
chandelierman Posted November 6, 2009 Author Report Share Posted November 6, 2009 (edited) deleted Edited November 12, 2009 by chandelierman Quote Link to comment Share on other sites More sharing options...
chandelierman Posted November 6, 2009 Author Report Share Posted November 6, 2009 ALSO! i have had the "live scan" done and as i am aware this will not be destroyed now that the case have been dropped,surely this is an infringement on my human rights! Quote Link to comment Share on other sites More sharing options...
Hezbear Posted November 6, 2009 Report Share Posted November 6, 2009 Henry - I too would welcome the definitive legal opinion, but I have been on as many house searches and arrests as you can point a stick at. Hi, i go with Gordon on this....the only add on is i though recently the damage thing had changed.... if a warrant is executed and damage caused then they dont have to make good the damage or compensate you even if nothing is found and you are not charged?? not too sure but i know thats what those subject to a warrant are told up here.... Get in touch with these 2 as they are in the know, I only know about warrants off other people but they update the laws every so often so my friends case would of been different Quote Link to comment Share on other sites More sharing options...
KFC Posted November 7, 2009 Report Share Posted November 7, 2009 If you're a member of BASC, Countryside Alliance, Scottish Association of Country Sports or similar then you get free legal advice as part of your membership. Quote Link to comment Share on other sites More sharing options...
Gordon R Posted November 7, 2009 Report Share Posted November 7, 2009 So Gordon R,can i take it that you are with the met? when i was raided i gave no resistance to the search in fact i wa completely helpfull,my first words were "I CAN'T BELIEVE YOU SMASHED MY ****** DOOR IN" why didn't you ring the bell or the phone!!!!!!!! to which i was told "we did",to which i replied ******! i had just come from the toilet ( at 6.40am ) so i know you never rang the door bell,he then went onto say that he rang my house number "ok i said" i will do 1471! well what do you know! no new numbers," so why didn't you call my mobile" we did says he,,,,,,,,,,,yeah ****** did you! my phone is never turned off!............complete and utter rubbish! "apparantly" they knew my movements so why not wait untill 7am when i get my paper and arrest me when i open the door? i am thinking that these guys get a turn on doing a raid? Chandelierman - I am not with the Met, but you asked about your rights. Don't shoot the messenger. I started out with a degree of sympathy, but I am a little concerned about the whole situation. You seem to have missed out a few details. What did they suspect you of doing? What exactly was the allegation? Were you arrested for a specific offence or on suspicion? Why are they bothering to check your movements? If they have been doing surveillance on you, this is covered by the Regulation of Investigatory Powers Act. Permission is not given lightly. Are you serious about them knowing your movements or is this a throwaway comment? You will have been given a copy of the search warrant? What does it say? Have you asked for your comments about damage to be recorded? Have you lodged an official complaint? Have you asked officially for the damage to be repaired? What has been said? If they entered your property first, they must have held a Magistrates Warrant. Someone of Constable rank or above has had to obtain this from a Magistrate, by convincing them that they had just cause. These are not just dished out. If you have been arrested, your property can be searched under Section 18 of the Police and Criminal Evidence act and requires the authority of an Inspector. These are known as "Inspectors' Warrants". The answers to these are entirely your own business and I have no right to know the answer, but you are seeking an opinion. In order to give you a proper answer, people need to know the circumstances. Quote Link to comment Share on other sites More sharing options...
MM Posted November 7, 2009 Report Share Posted November 7, 2009 i wish i could get my wife to moan as much. Quote Link to comment Share on other sites More sharing options...
dazza Posted November 7, 2009 Report Share Posted November 7, 2009 Tell us the whole story chandelier man. What where you accused off? Quote Link to comment Share on other sites More sharing options...
death from below Posted November 7, 2009 Report Share Posted November 7, 2009 I know very well degrees of liklihood required by magistrates and they would not issue a warrant purely on the uncooberated words of an informant/anonymous or otherwise. To answer your question, you will be able to claim for your door and if you haven't already started the process then pull your finger out and send in a claim. You will need quotes/estimates etc. Any other sort of legal proceddings (re wrongful arrest etc) will be both time and wonga intensive and will be purely a matter for yourself. You may be a victim of a set of circumstances that have led the police to think you are a naughty boy - and I can understand your aggrieved position - if, and I must take your word on this, you are completely innocent(in South London!) then at least you have some interesting after dinner chat for your experience. Quote Link to comment Share on other sites More sharing options...
chandelierman Posted November 7, 2009 Author Report Share Posted November 7, 2009 (edited) deleted Edited November 12, 2009 by chandelierman Quote Link to comment Share on other sites More sharing options...
chandelierman Posted November 7, 2009 Author Report Share Posted November 7, 2009 (edited) Tell us the whole story chandelier man. What where you accused off?[/quote don't be so bl00dy nosey Edited November 12, 2009 by chandelierman Quote Link to comment Share on other sites More sharing options...
chandelierman Posted November 7, 2009 Author Report Share Posted November 7, 2009 I know very well degrees of liklihood required by magistrates and they would not issue a warrant purely on the uncooberated words of an informant/anonymous or otherwise. To answer your question, you will be able to claim for your door and if you haven't already started the process then pull your finger out and send in a claim. You will need quotes/estimates etc. Any other sort of legal proceddings (re wrongful arrest etc) will be both time and wonga intensive and will be purely a matter for yourself. You may be a victim of a set of circumstances that have led the police to think you are a naughty boy - and I can understand your aggrieved position - if, and I must take your word on this, you are completely innocent(in South London!) then at least you have some interesting after dinner chat for your experience. Yep there are some innocent people in southeast London,i have now moved 50 miles away to Barling for a quiet life. Quote Link to comment Share on other sites More sharing options...
Gordon R Posted November 7, 2009 Report Share Posted November 7, 2009 Chandelierman You didn't have to answer any questions and you haven't answered any questions in a way which would help people to give you advice. I really don't know why you posted in the first place. Quote Link to comment Share on other sites More sharing options...
death from below Posted November 7, 2009 Report Share Posted November 7, 2009 It's clear to me YU'S A GANGSTA CLOT Quote Link to comment Share on other sites More sharing options...
AIRARMSTX200 Posted November 8, 2009 Report Share Posted November 8, 2009 (edited) hi sorry to here thats happened to you citizens advice or a solicitor in my view would be better for advice. good luck. if your innocent why move house. Edited November 8, 2009 by AIRARMSTX200 Quote Link to comment Share on other sites More sharing options...
Alanl50 Posted November 9, 2009 Report Share Posted November 9, 2009 Having moved away from the area obviously for good reason! LEAVE IT ALONE or you will bring it to your new area, some things are best left and in life thats the hardest thing to learn. Put put it behind you. Life is not always fair and you dont always win and you have moved for good reason so unless you have pots of money to waste, walk away. Alan Quote Link to comment Share on other sites More sharing options...
utectok Posted November 9, 2009 Report Share Posted November 9, 2009 it seems to me if a guys innocent he would tell the whole story? Unless he is just hoping for some sypathy not sure this is the right place for that! Quote Link to comment Share on other sites More sharing options...
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