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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11549
Experience:  30 years as a practising solicitor.
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I am a 49 year old man who has built a business up over 10

Resolved Question:

I am a 49 year old man who has built a business up over 10 years. Recently a neighbour from hell thought it would be funny to make a malicious unfounded and baseless report, anonymously via crimestoppers that I had indecent images of children on them. (I do not) However the police appeared at my door with no warrant and I let them have all my computers and back-ups (but no customer computers) to examine. It has now been 20 weeks and they don't seem to care that they are systematically destroying my business and depriving me of my livelihood. Is there anything I can do?
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

I take it you have had no response from the police and from the procurator fiscal. What has happened here is that they have seized evidence with your consent as you let them do it without a warrant in order to be seen to be cooperating with an enquiry as you have nothing to hide.

However, in turn they owe you a duty of care and in terms of human rights law you have a right to be treated fairly with regard being had to your family and business life. You need to get yourself a solicitor here who will stand up to the police and if necessary make application to the civil courts for return of your property.

The police on the one hand have an obligation to investigate crime but they have to do so in a way which reflect the principle that a person is innocent until proven guilty and if they have no evidence they have to return your equipment and move on.

Happy to discuss further but you need to at least threaten the chief constable with civil action after this amount of time.

I hope this helps. Please leave a positive response so that I am credited for my time.
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