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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70216
Experience:  Over 5 years in practice
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Hi hope someone can help. I was arrested yesterday at 10am

Resolved Question:

Hi hope someone can help.
I was arrested yesterday at 10am and let out at 6pm on bail as a suspect in a burglary that happened in Lincolnshire and i live in Cambridgeshire. A laptop stolen form the burglary was found in a car parked outside the unit that i share with another mechanic. I am sharing this unit because i am waiting for completion of my unit and hope to move in next month. I have never been in trouble with the police and have never committed any crimes apart from some motoring offences. around 15 officers stormed into the unit and arrested me and the owner of the unit. I was wrongfully arrested. at the time of the burglary i was playing Poker at a local club so even have a iron clad alibi. I don't wish to pursue a wrongful arrest claim but they have taken my lap top i use for work and i need it back as i cant work without it the also have my mobile phone they said they would return in 48 hours i have tried to call and left messages today but no one has called me back i have already lose £450 as a result of the arrest and the longer this continues the more money i will lose money i cant afford to loose. How do i get my laptop and phones back?
Submitted: 4 years ago.
Category: Law
Expert:  Jo C. replied 4 years ago.
HI.

Thank you for your question . My name is XXXXX XXXXX I will try to help with this.

Where did they recover the laptop from?
Customer: replied 4 years ago.

i had nothing to do with the theft but they suspect the owner of the unit i am sharing to be involved once they realised i was a separate business they they didunt take any of my stuff, but said because they had baged my laptop already they ad to take it, they took my mobile phones away at the police station.


 

Expert:  Jo C. replied 4 years ago.
Are you on bail to return to the station?
Customer: replied 4 years ago.

FOR JOMO1972

Customer: replied 4 years ago.

FOR JOMO1972



Yes


Expert:  Jo C. replied 4 years ago.

I know this isn’t going to be the answer you want to hear, and it’s certainly not what I want to tell you. However, I wish to be completely honest with you, so I feel obligated to not give you false hope.

I’m really sorry but the chances that they will return these items at this stage are low.

The police are entitled to seize anything that is either unlawful or they intend to use it as evidence. There are two problems here. The first is that the investigation is in the early stage so you will never be able to prove they don’t intend to use these items. The second is that its all very well that these items belong to you but if you go down to the police station and prove your ownership of these items what the police will say is that you can prove the ownership of some items and not others and use that as evidence against you in the substantive offence.

If you are not charged and there is a formal NFA then anything that you can prove is yours should be returned. If it is not then you can make an application pursuant to the Police Property Act to the Magistrates for its return. it would fail at the moment because the police have not said they don’t intend to rely upon it.

If there is information that you particularly need upon any of these items then the OIC will probably let you recover that.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please remember to rate my service either OK SERVICE or above and then I will give you related information for free.


Jo C. and 2 other Law Specialists are ready to help you
Customer: replied 4 years ago.

FOR JOMO1972


no its not the answer i was looking for wrong place wrong time my laptop is my whole business it worth £8000 and has all my diagnostic system on it as well, this could ruin me

Expert:  Jo C. replied 4 years ago.
If its information that you need then the OIC would probably let you have access to that.

In relation to getting it back, it depends what they are looking for. Given the offence its quite unlikely they intend to examine it forensically. Probably its just a simple matter of identifying it which is a quick check of IMEI numbers usually. That is probably something that he can do fairly swiftly.
Customer: replied 4 years ago.

FOR JOMO1972


Hi I have spoken OIC about getting my laptop back and first they said not for six months. Now he will try a get my laptop and phones back for Thursday but not guaranteed. Ive already had to turn away 2 jobs this week as i cant do them. I have a non starting Renault in the workshop i was hoping to look at on the day of my arrest i now have to tell the customer i cant do it. my laptop contains a program called Renault clip it is the same software used by Renault dealer. Can i claim unlawful arrest? When the police raided the workshop they did not know who i was they asked my staff who the owner was. As i mentioned before i am temporally sharing the workshop I was asked about three or four times did i speak English. They had the names of Kriss and Tomic who are both polish. will i be able to claim for lost earnings ? will this get my laptop back quicker. The news of my arrest in Peterborough has spread very quickly i don't know if this will have an effect on my business? The embarrassment of being led away in hand cuffs. Also something that has upset me is when the police searched my home they said to my wife "what's it like to be married to a criminal"

Expert:  Jo C. replied 4 years ago.
When is your bail back date?
Customer: replied 4 years ago.

FOR JOMO1972


 


03/06/

Expert:  Jo C. replied 4 years ago.
It was never going to take six months then. They always make things sound worse than they are.

This is not unlawful arrest though. They only need to show that they had the barest suspicion of criminal activity and clearly they did I’m afraid.
Customer: replied 4 years ago.

FOR JOMO1972


Even thou they had no idea that i was there. They handcuffed one of my employees and they released him. They where only interested in the polish mechanics as they suspect them of exporting stolen cars. they took me because they thought i was connected to the garage i was in.

Expert:  Jo C. replied 4 years ago.
Yes, I'm afraid so.

Being innocent isn't the same thing as being unlawfully arrested.

Also, it cannot be possible here to prove that you could not have committed the offences because you are on bai.
Customer: replied 4 years ago.

FOR JOMO1972


So i wont even be able to claim for lost earnings or even get an apology?

Expert:  Jo C. replied 4 years ago.
Probably not I'm afraid.

They might apologise unofficially but you won't get an apology from the force

The extent of this is that you've been arrested and there are not likely to be charges. That doesn't make it unlawful I'm afraid.
Customer: replied 4 years ago.

FOR JOMO1972



thank you If your on facebook you can look me up will probably post something on there when this is all over



https://www.facebook.com/FranksAutomotiveServices


Expert:  Jo C. replied 4 years ago.
You can always come back on here.

You can ask follow up questions for free

Thanks for the bonus
Customer: replied 4 years ago.

FOR JOMO1972



Hi Again i need to make a complaint and will it get me anywhere?


I called the investigating officer today i tried about 4 times to get hold of him and left messages then rang and got him. Still no idea when he will return my laptop with my diagnostic on it ive had to buy a new phone because ive been on holiday so needed one so work could contact me. I can't work without it any more i have to go out and buy a new one. Will a complaint work? will they pay for the trouble they have put me in?


Thanks

Expert:  Jo C. replied 4 years ago.
Complaints never do any harm. Ultimately even if nothing comes of them they cause inconvenience to people and demand that they justify their position.

We still don't really know the basis of seizure here but probably its something under PACE which is a lawful basis.

Ultimately if its a lawful seizure then there is no claim in compensation unfortunately.

Usually an officer will let you recover any information that you need from these items to carry on working and living a normal life.

He can only hold onto things seized under PACE for a reasonable period of time though and a complaint to the IPCC might reveal that he isn't acting expeditiously and have to return it. That does happen sometimes.
Customer: replied 4 years ago.

FOR JOMO1972



I know for a fact that he still has not check out my alibi for the date the burglary happened as i was playing poker in a club with around 30 people and gave him two names of people there and the owner and to date there have had no contact from the police is that not wrong?

Expert:  Jo C. replied 4 years ago.
They should investigate all avenues including those that point towards innocence but they quite often do not. Police investigations are regularly fairly inadequate. Sometimes thats in the defence interest anyway.

Also, his argument may be that he intends to do it but hasn't got to it yet. Its not evidence likely to be lost.

If this a defence witness then get him to make a statement to your solicitor.
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