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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70513
Experience:  Over 5 years in practice
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In the uk can evidence obtained by an individual (member of

Resolved Question:

in the uk can evidence obtained by an individual (member of the public) entering a property without permission and searching through drawers be used against the householder by the police?
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.

Can you explain your situation a little more please?

Customer: replied 1 year ago.
I was working away from home and had a rented flat. I was taken ill suddenly and hospitalised. My line manager told one of my work colleagues to goto my flat and get some clothing etc. During the time at my flat for some reason (he says it was for to look for socks) my work colleague went through all of my drawers and found some paperwork which I shouldn't have had in my bedside cabined drawer. I should explain that he cannot see his phone etc without his glasses but does not wear them to walk around, so to read these papers was a conscious act. He removed this paperwork from my flat without telling me and gave it to my line manager, I have been off work since but am now being investigated for misconduct and have been told the police could become involved.
Expert:  Jo C. replied 1 year ago.

Are you asking about the criminal aspect or the employment one?

I can help with the criminal matter but we do have an expert who can help with the employment issue.

Customer: replied 1 year ago.
I'm asking from the criminal side. I think they are scaremongering with regards ***** ***** police, but I will have to respond at some stage when asked and a rough idea if they can bring in the police would be great. Its not as if I've hurt some one although I do admit to having the papers at home (to work on...) contrary to my companies rules, but they wouldn't have known if I hadn't taken ill and my colleague hadn't gone through my drawers.
Expert:  Jo C. replied 1 year ago.

That isn't a police issue.

Unless they are going to try to argue that you had stolen the papers and that is unlikely to interest the police there is just no case to answer.

they might well have complaints with you but they are not ones that would interest the police unless they amount to criminal offences. You are not describing one at this stage.

Can I clarify anything for you?

Jo

Expert:  Jo C. replied 1 year ago.

that is if the facts are as you say.

Jo C. and 3 other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you, ***** ***** my mind at rest a bit.