Sign in to follow this  
Followers 0
Irgendeiner

Police Excess?

6 posts in this topic

Intriguing story in today's (Scottish Edition, if that makes any difference) Daily Telegraph.

Police fly a recce sortie somewhere in the North East, with a thermal imager, and pick up a bright target. Apparently on that alone they attend upon a justice and depose to the hot-spot, and their belief that this heat source is indicative of a cannabis farm. Mag signs (and probably gets back into bed and turns light off).

Drug squad smash chummy's door in (he's at work) and do his drum over. They find nothing. While they are still there, chummy comes home, and is not too happy. Police tell him their story, and he points out that his place, and, presumably others in the neighbourhood, benefit from "community heating", with hot water coming in from some local source of surplus heat, through pipes, which in his roof-space are unlagged. He expresses surprise that Police weren't aware.

Police depart.

Chummy's insurer declines to pay for new £500 door - not a risk covered by policy!

Police say their entry lawful, given they have genuine warrant!

I'm puzzled. Certainly this wasn't Criminal Damage - I think the warrant clears the mens rea, if nothing more, but are they not liable civilly?

Anyone any ideas?

Share this post


Link to post
Share on other sites

You could have a look at PACE Code B, although I doubt that there's much in it apart from a duty to secure the premises before the householder returned home from work.

I would imagine that the grounds are a bit thin for a section 8 warrant. There are also additional search provisions under the Misuse of Drugs Act 1971 which may or may not be relevant.

This is probably one of the cases where a trip to the station is merited with a suitable threat to complain to PSD/IPCC about both the officer in charge and the officer who obtained the warrant. That combined with the threat to sue for the £500 cost of the door, should get them to cough up.

Share this post


Link to post
Share on other sites

Yeah thats pretty much excess in every way. I think it was a one off though as the same thing happened to someone a few doors down from me and they had to gather a small bible of info on him prior to breaking in but they still got it wrong and paid up for his door.

Share this post


Link to post
Share on other sites

There was a similar case in the Daily mail today:

http://www.dailymail.co.uk/news/article-1346193/Police-raid-cannabis-factory-discover-home-guinea-pigs-Simon-Kenny.html

Embarrassed police have issued an apology to a mother after officers swooped on her house thinking she had turned it into a cannabis factory - and found an electric heater for her two guinea pigs 'Simon' and 'Kenny'.

'Officers who attended explained the full circumstances to the occupant and discussed any damage. I would like to apologise for the distress this may have caused. However, I would point out that these tactics are essential in tackling drugs across the district.

'I can also reassure the occupants that their details will not be kept on police records and I will be personally visiting them to discuss any concerns they may have.'

Pam said that a police inspector had now visited her to issue an apology in person and the police had bought a new lock for the neighbour's gate.

Share this post


Link to post
Share on other sites

There was a similar case in the Daily mail today:

http://www.dailymail.co.uk/news/article-1346193/Police-raid-cannabis-factory-discover-home-guinea-pigs-Simon-Kenny.html

Embarrassed police have issued an apology to a mother after officers swooped on her house thinking she had turned it into a cannabis factory - and found an electric heater for her two guinea pigs 'Simon' and 'Kenny'.

'Officers who attended explained the full circumstances to the occupant and discussed any damage. I would like to apologise for the distress this may have caused. However, I would point out that these tactics are essential in tackling drugs across the district.

'I can also reassure the occupants that their details will not be kept on police records and I will be personally visiting them to discuss any concerns they may have.'

Pam said that a police inspector had now visited her to issue an apology in person and the police had bought a new lock for the neighbour's gate.

You couldnt make it up could you lol.

Sorry to crash a serious issue thread but the way the discussion was heading warrented the dose of humour, no damage payments will be forthcoming for any distress the pointlessness of my post caused.x

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!


Register a new account

Sign in

Already have an account? Sign in here.


Sign In Now
Sign in to follow this  
Followers 0