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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70199
Experience:  Over 5 years in practice
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Police raided a property I live at under allegations for which

Resolved Question:

Police raided a property I live at under allegations for which I have no connection. There was no evidence as I was not guilty.

The police even fixed the front door when they left leaving uniformed officers outside until it was fixed.

I believe the warrant obtained of the back of flase evidence.

What possible recourse might I have from:

1. The Police.
2. The courts to obtain the warrant/order along with evidence used to approve the
warrant.
3. The persons offering the evidence up against me and giving keys to the police to
force entry.
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

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

I'm afraid that is likely that I can only give you bad news.

The police do not need to find evidence to be acting lawfully in the execution of a warrant. They only need reasonable grounds and is the plain fact is that it is unlikely that you have a claim against anybody.

On your specific points

1 unless you can show that the police acted in bad faith you have no claim against them. That is not to say that is not worth writing to the chief constable asking for compensation. Sometimes they will offer something if they think the person was genuinely targeted wrongly.

However, if they refuse it is unlikely that you have grounds to go to court. They only need to show that they have the barest suspicion to justify getting a warrant.

2 there is no claim against the courts. Unless I suppose you could show that they issued a warrant upon no evidence at all which will not be the case.

3 it is likely that this person is anonymous. If this is a misuse of drugs act warrants then informants and never named. If it's a warrant executed while you were subjects to pace at the police station then the person who offered this information may be more identifiable.

If he is identifiable then you can bring a defamation allegation against him only if you can show that he said something that he knew or should have known to be untrue or wildly misleading.

Defamation actions are very expensive though I'm afraid.

There is no wrongdoing in giving keys to the police if they had authority otherwise to be there.

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 let me know if you need more information.

Jo
Customer: replied 3 years ago.

I appreciate your honesty and transparency. Thank you.


 


I strongly believe that the "visit" is part of a larger harassment campaign which I am being subjected to my somebody to force me out of their property which is why I would like to find out what evidence a Judge decided to accept before issuing a warrant.


 


I have a copy of the warrant as approved by a Magistrates Court and cannot believe that there is no way I can inspect the documents used in evidence to obtain the warrant.


 


I have never used drugs, never sold drugs, never intend to and I am raided under the suspicion of dealing drugs.


 


 

Expert:  Jo C. replied 3 years ago.
Well, it may be. These anonymous reporting lines do encourage that type of thing.

You cannot inspect the documents used to gain a warrant I'm afraid. There's no means of doing so.

Customer: replied 3 years ago.

So if it appears there is no way to prove harassment, I will just have to continue taking abuse from those concerned.


 


Seem to be plenty of ways to cause people trouble without being caught. If you cannot beat them, I may as well join them.


 


I am in despair with the system!


 


I appreciate your time. Thank you.

Expert:  Jo C. replied 3 years ago.
The courts are waking up to the issue of harassment by means of vexatious allegations. You will find a very informative article here

http://www.1itl.com/news/270/

It is a bit like Alice falling down the rabbit hole because when the allegations start the presumptions are always against but in the end they flip over in your favour.
Jo C. and other Law Specialists are ready to help you