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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69359
Experience:  Over 5 years in practice
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Hello. ask about an section 8 PACE warrant that was

Customer Question

Hello.
ask about an section 8 PACE warrant that was issued on the 19th May 2014 ) and executed on the 21st May 2014 at approx 11.05am at my home address

I was called at work (HMP Haverigg) by my Partner , he advised me that I needed to go home as there were police outside our house with a warrant to search. He had been contacted by one of the officers who got his number from a neighbour.
I came home and was confronted by 2 police cars, 1 police dog car and 2 unmarked vehicles. there were lots of police in my back garden, digging soil. Apparently, the dogs had indicated near a pile of slate but as there was a dead dog just under that piece of ground I suspect that they had in fact been smelling that.
I let the officers into the house and they told me they were looking for drugs and / or money. i helped them as much as I could by telling them where in the house there was money (only a few hundred pounds at most, that my partner 'thinks' he hides well so I don't know where it is).
I was compliant throughout but extremely upset as we have no involvement with any criminal activity whatsoever. The officers dogs indicated that there may be something on both sides of an internal wall, although it used to be an external wall before we had an extension put up some years ago. They proceeded to damage the walls on both sides until they were satisfied that there was nothing to find (like I had been telling them).
I have reason to believe that this warrant was served due to information that was received maliciously I understand that a justice of the peace / District Judge has to be satisfied that there are reasonable grounds for believing that a crime has either been committed, will be committed or that we are involved in crime. We have no links with crime, no criminal record or no (to my knowledge) adverse intelligence that would give a Judge reason to issue this warrant.
I am aware that my daughter lives with a very notorious local criminal and has been with him for several years but that is not my fault. Unfortunately,she is an adult who makes her own choices and I should not be punished for her wrong choices (as if I'm not being punished enough just knowing that she is with him).
I believe that my next door neighbour has made these allegations against us and supplied untrue, malicious and detrimental information to the police. He uses the police to harass us and has done on several occasions. I believe that he has usedmy daughters partner as a way of linking us to criminal activity and has used the police to ruin our reputation.
My partner has his own business (groudworks and stone walling etc) that relies upon trust, honesty and integrity to enable him to work in rural locations with some old and vulnerable customers plus local customers who will not entertain having an untrustworthy person working in and around their homes, he also does a lot of work within the farming community where incidents like this are likely to get him excluded and all his hard work to integrate, undone. I also work in an environment where trust, honesty and integrity are paramount to the job I do. I had to tell my manager and colleagues why I had to leave so quickly and have been subject to whispers,avoidance and a rumour that I had been suspended . We also hire out Bouncy castles which involves a lot of contact with families.We have yet to see how this affects business in the short or long term but are expecting some losses.
If there has been no 'outside source information' and it has been internal intelligence (which I doubt very much), then this is also unfair as i can not be found 'guilty by association' just because of who my child chooses to have a relationship with, that is so unfair and unjust.
I believe that the info received would be a cat 'E' (untested source), this MUST be corroborated before the police can take action. It is impossible to corroborate this intel as it is untrue, therefore can not be corroborated. I also know that the warrant was executed PURELY on the 'link' with my daughters partner (this was confirmed by the Detective inspector that came to see me). Can I seek civlil action?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

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

What would you like to know about this please?
Customer: replied 2 years ago.

Sorry,I would like to know if I have a case for issue of an unlawful warrant under section 8 (I think) human rights law or any other basis as I feel that I have been unjustly targeted, plus, the police can not have followed procedure, if they had of done, they could not have gained a lawful warrant

Expert:  Jo C. replied 2 years ago.
On what basis? Sorry if I'm missing the point.

They had a warrant?

Perhaps if we try summarising this it may be clearer?
Customer: replied 2 years ago.

Ok, yes, they had a warrant BUT the basis that they got that warrant was from ONE piece of intelligence. This 'intelligence' was (i believe) a neighbour who said we were storing drugs and money. NO background checks were done, the intelligence had NOT been corroborated (which it needs to be as it was graded an 'E') infact, the intelligence could NOT have been corroborated as you can not corroborate a lie. There is NO adverse intelligence on the police system and the ONLY reason that the police got a warrant was because my daughters b/f had been mentioned within the malicious intelligence. The police did not carry out the correct procedure and jumped in with both feet just because a certain name was mentioned. They can not (if procedure is followed) get a warrant on this amount of info. I know they got a warrant BUT it was ONLY because a name was mentioned, who we have no links with other than my daughter.


 

Expert:  Jo C. replied 2 years ago.
Thanks. That is all I need to know.

I am sorry but they have acted lawfully.

They only need the barest suspicion to justify the granting of a warrant.

They would not normally conduct background checks upon an informant or any other person. Apart from anything else, many informants are anonymous.

Take it from me - you can very definitely corroborate a lie. It only takes two false witnesses. It happens all the time.

In any event, there is no need for corroboration upon a warrant.

They received intelligence and acted upon it in accordance with PACE which they are free to do and, in fact, under a duty to do.

I'm very sorry and I know that nobody likes their house being searched but the fact that your neighbours, or some other person, has given the police duff information does not give you a case against the police.

Can I clarify anything for you?

Jo

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