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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69360
Experience:  Over 5 years in practice
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My house was searched under a drugs warrant a and

Customer Question

My house was searched under a drugs warrant a and b drugs. I have no criminal record, never been involved with drugs in the whole of my life, never used drugs or even been around associates or friends that may be potential drug dealers. I'm living with my wife and 3 young children on one whom has severe disabilities. The police are aware of this. My door was forcible broken down, my kids and wife were terrified and cried after as they hAve never experienced anything like this. I'm known as a family man, my reputation has been tarnished as people assuming doubts as normal people as like myself, believe the police wouldn't raid unless their was some substance, although my view has changed now. Obviously no drugs were found. My daughter has been off school since I'll past 5 days as when she went to hide in the toilet they bust that door down too. She is only 7 years old. I was not home at that time when this happened. The warrant itself has no signature or name of any magistrate, that section is blank. My belief is the raid was used as a excuse to terrify my family and/or as a evidence gathering programme in investigation into so something else as my family was accused of harassment previously by another family across the road. This whole thing is devastating whole of my family, particularly the young children and wife who speaks little English. I'm certain it is unlawful police to obtain and use a drugs warrant as a means of pretence else. It should be used purposes it was intended applied with the correct subjective view. I work as a nurse and the police to my belief are well aware I do not deal with drugs as I have had conversations in the past and drugs was never mentioned. I need to know the legality, best course of action as morally too I feel it is unacceptable. The school was outraged too .
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
.
Thank you question. My name is ***** ***** I will try to help with this.
What would you like to know about this please?
Customer: replied 1 year ago.
I like to know the legality of the warrant and whether it was correct to use it as a decoy to investigate something else minor, considering the distress it has caused my little children, wife and my reputation. I'm by far any drugs baron or user. Just a nurse. I always cooperated if needed with police on any matter. They are well aware of this.
Expert:  Jo C. replied 1 year ago.
It is quite unlikely that is what happened I'm afraid.
They have to get a warrant from a Magistrates Court misuse of drugs act search. There is no other way of doing it unless it is a normal search under PACE and then there would need to be stronger grounds.
They don't need much suspicion search under the MDA but they do need something. Therefore they must have justified it before a Bench. The absence of a signature is a non issue unless you are of the view that they forged the whole thing and this never went before a court at all.
They probably did use it as an excuse to cause inconvenience. They can be bullies sometimes. That doesnt render the action unlawful. You can complain that they were heavy handed but they will just say that they got no answer so were entitled to break the door down.
The basis warrant will be confidential. It could be incorrect. Often it is. Police intelligence is not always accurate. Sometimes police informants are just malicious.
The only way to find out the basis warrant is to judicially review the decision to search. That is a high test with large costs but they do have to reveal their position on the point in the course of such an action.
Can I clarify anything ?
Jo
Customer: replied 1 year ago.
Would the costs be recovered on judicial review if it were proven the police did not recourse to the best course of action or were negligent in relying on flimsy evidence considering my good character . You mention in the last article it is unlikely that has happened, if you referring to the decoy issue, let me make it clear they were investigating harassment previously, because no drugs were found they called me in to arrest me but no charge,
Expert:  Jo C. replied 1 year ago.
Only if you are not legally aided. If you are legally aided then it wouldn't because you wouldn't have costs.
But that won't happen. The court will not say they are negligent. All warrants are based on flimsy evidence. That is why it is only police intelligence and not evidence.
I understand what you mean. They have issues with you reasons and they are targeting you to get revenge. I'm afraid the police do that sometimes. It would be nice if they behaved like adults but we live in the real world and sometimes they do not.
Customer: replied 1 year ago.
What other course of action should I follow, police complaints? Ipcc? Local resolution? I want to thoroughly pursue this matter. I have backing from school teachers, and local residence who are on the same consensus the police did wrong, I can get petition and statements from both. I am to pursue this thoroughly but I need guidance to best approach or more than one approach?
Expert:  Jo C. replied 1 year ago.
You can complain to the IPCC. They will raise much the same defences though.
The trouble is that it is always very difficult to show that the police are targeting you improper reason. They need very little evidence to act against a person. If the police watched almost all of us month they would find a ground or another to act against us not because we all commit crimes but because they only need the barest suspicion that we have and many crimes are so trivial that we probably do commit them because they are not morally wrong.
I wouldn't bother with the statements or petitions. They don't go to the issue.
Customer: replied 1 year ago.
The problem is if I don't do anything it gives them a free hand to do what they like without the hassle of defending their actions. It sets a bad precedent. As in all jobs we have regulations, protocols and procedures to follow. I thoroughly feel considering my character and having nothing to do drugs all my life, it would perhaps be inappropriate to send 2 dozen men marching in my house terrorising my family at first notice of any mind of information. As you aware it is a excuse. It hurts me to know I can't formally address the problem. I was hoping their was someway to see the wrong , someone independent, be it even police to see this injustice. My perception of police have changed and now as perhaps before I had doubts, I'm certain there are many people in prison who are stitched up by the police, yet they can't prove their innocence
Expert:  Jo C. replied 1 year ago.
Yes, it is a difficult balancing act.
The other issue is that if you do take action it gives them more motivation to carry on. The thing to do is to try to avoid attracting their attention at the outset.
The truth is that whatever action you take it is very unlikely to end well I'm afraid.
The fact that you have nothing to do with drugs does not render the warrant unlawful. To take action you will have to show it was not lawful.

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