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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70419
Experience:  Over 5 years in practice
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I have a tenant in a rented property who is tagged, the police

Resolved Question:

I have a tenant in a rented property who is tagged, the police smashed in his door to his flat as he was not in the property. They were looking for evidence in connection with a bank robbery. The tenants girlfriend then arrived at the property the police searched the property and took £400 cash to have tested as evidence from the bank robbery. The police have since returned the cash and he has not been charged. The police have told me they are within their rights and do not need to pay me compensation for the damaged caused. Is this true and am i entitled to charge the police for the damaged door?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Is there any evidence that they acted without reasonable suspicion? For instance, wrong address?
Customer: replied 2 years ago.

Hi Jo

I spoke with the DI who told me they were acting on good information from a reliable source. They Smashed the main entrance door in to gain access to the flats which share a common entrance. They then smashed in the wrong flat front door (which happened to be vacant) before smashing in the door to the tenants flat. They told me they were acting quickly to seize evidence that was allegedly in the tenants flat. This was on the Monday but the bank robbery was on the previous Friday, so not that much of a rush. The police have agreed to pay for the wrongly smashed in door but not the common front door or the tenants door as that was the correct address. Although they are not charging him and have returned his cash.

Expert:  Jo C. replied 2 years ago.
That is a problem I am afraid.
They do not have to show that their information was correct. They just have to show that they acted at the time with reasonable suspicion which has been interpreted to mean the barest grounds to believe that their information may be true.
To make them liable for your loss you would have to show they were acting unlawfully and they were not.
That said, sometimes the Chief Constable will cover losses for a person in your circumstances when the actions of their officers affecting innocents. You need to write to the Chief Constable to see if they are willing.
If not you can complain to the IPCC.
It would be a bad idea to sue because they will not settle and you would lose but asking for compensation would possibly be fruitful.
Sorry if this is bad news.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

Hi Jo

So, just for clarity if the Police believe you were involved in a bank robbery they can forcefully gain entry and search your property with out a warrant.

Expert:  Jo C. replied 2 years ago.
Yes. They don't need a search warrant. They have powers of entry under PACE that are stand alone.
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