What Rights Do I Have Against The Police?

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Re: What Rights Do I Have Against The Police?

Postby ponky » Thu May 29, 2008 2:15 am

Montgomery Burns wrote:
okwithmydecay wrote:
Montgomery Burns wrote:
okwithmydecay wrote:
OoBubblesoO wrote:So i'm standing at my gate, talking to my son and his friend, when three cop cars go past - all looking at me :| I get this a lot because I live on a main road. But three cop cars and slowing down as they passed my house, round the roundabout at the end of my road, and back up again, staring at me...

I just knew they were gonna stop, no idea why.

Next thing I know, four cars pulled up. Cops came running up to me and asked if I lived here. I said yes. One of the guys asked if he could search my garden and I asked why. He said because they'd had a report my sons were driving off-road motorbikes (those mini motor things) I laughed at the cop and told him he was wrong and whoever reported it was a liar! But, they could have a look in my garden.

He looked over the fence, asked if he could check the back garden and I said to wait till I got hubby. In the meantime, Grant had gone into the house to get hubby....and one of the cops asked me if he was my son. Sarcastically I replied 'naaaahhh! I usually let anyone into my house....of course hes my son!' so he asked why he went into the house and I responded with 'well because he lives there! Is that illegal?'

Anyway, they then wanted to search my house and I asked if they had a warrent. They said no, but they could search because they suspected we had these bikes. I then got a little cheeky (because I was angry) and hubby came to the door telling the cops they weren't getting into the house. After a few moments, I told hubby to just let them have a quick look because they'd only harrass us all night...so they came in and checked. Found nothing, because we don't have any!!!

After they went out, they had the damn cheek to WAVE at me as they left and said 'see you later' to which I replied 'yeah right! Only if someone else grasses us up for something we haven't done!'

So I decided to call the cop shop and ask my rights. Apparently, if they suspect me or my family of a crime, they do have a right to search the premises.....but they should have shown a warrent and ID. None of these cops showed any ID or warrents, so am thinking of making a complaint.

Thing is, if someone has grassed us up for something we haven't done, are we gonna have the cops here every two weeks saying we've got this, that or the other? Am I gonna have to put up with them barging into my home and searching?

Does anyone know what my rights are? If I had refused entry, could they have done me for anything?

Then we have people killing their kids and getting away with it....isn't it just typical?! :shock:


I always thought the cops needed a warrent signed by a court to come into your home.


Not in your lifetime. As the OP has already pointed out, if they suspect you of a crime they can arrest you and search your premises.


And you only half quoted me :!: :!: :!: :!:


I played safe by merely pointing out the obvious.

I thought long and hard about taking you on over your ridiculous comment in the second part of your reply; I decided, on reflection that I didn't want to be here arguing until midnight with someone who holds such extreme views, Nazi Government indeed. So I won't.

I will ! Later.
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Re: What Rights Do I Have Against The Police?

Postby diddy » Thu May 29, 2008 7:59 am

Can these things not be ridden on you own propeerty then?
If so, then surely all the neighbour (or whoever) can complain about is noise?

Just OT, Christmastime, little girl killed riding quad bike on road.
What happened to the stupid parents that let her do that?
The charade must go on.
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Re: What Rights Do I Have Against The Police?

Postby chimaera » Thu May 29, 2008 8:08 am

Nine turning up at your place explains why we can never get them to turn up at ours!
We are plagued with these bl**dy things morning, noon and night. Gang of kids on mini-mops, Clairol 200s and trail bikes racing each other up and down the road, terrorising old ladies, young kids and cats. Bl**dy nuisance.
Things are never so bad that they can't get worse.
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Re: What Rights Do I Have Against The Police?

Postby abuela » Thu May 29, 2008 1:04 pm

My daughter once got a written apology from the police after I made a huge fuss.

She was 17 and we were home one Saturday night watching TV. The phone rang and a voice told me that they were Bow Street police station (in London) and they had arrested my daughter for soliciting! I told them that they had made a mistake and that my daughter was home with me. They didn't believe me. They asked me her full name and age and I told them. Yes, they said, that's the girl we are holding, and then they asked me for my daughter's description. I told them she had shoulder length brown hair, green eyes and was 5ft 2". Yes, they insisted that was the girl they had arrested.

I started getting really angry and said they were to send a police officer from our local police station around to confirm that my daughter was sitting next to me, in her pyjamas, watching MTV! Five minutes later there was a knock on my door and two police officers from the local police station had arrived. They spoke to my daughter, checked her ID and left.

I left it a few days and didn't hear anything and my daughter was getting concerned as she had a job interview that week where her police record would be checked. It took a lot of convincing from me, but they finally wrote a letter of apology to my daughter and a note stating that it was a case of mistaken identity and her police record was clean. We later found out it was one of her so called friends who had been arrested and used her name. They looked very alike, which was why they didn't believe me when I gave a description.
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Re: What Rights Do I Have Against The Police?

Postby MoeSzyslak » Thu May 29, 2008 1:13 pm

Even though you invited them in bubbles, I would still complain. If you felt intimidated or threatened, or felt like you said, they would bother you "all night" then you obviously felt like you had no choice.
I have always been lucky with police; the ones I dealt with are professional and respectable. But, I have seen the other side of the coin too: The ones on ego trips.
It is best to know your rights. :)
"Those who desire to give up freedom in order to gain security will not have, nor do they deserve, either one." - Benjamin Franklin
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Re: What Rights Do I Have Against The Police?

Postby OoBubblesoO » Thu May 29, 2008 2:44 pm

Quick update:

I have a chief superintendant coming out tonight to take a statement and make a formal complaint against the officers involved in the raid on my home last night :bounce:

After speaking to someone high up from my local police station, I've been told that what they did was totally illegal. There will be an investigation into this because apparently, there was NO call made to police about my sons driving these bikes. Theres NO call logged, no evidence of them ever being on the bikes. Its all total BS, and what the police did was against the law. The officer I spoke to was fuming. He said this was basically harrassment and invasion of privacy, so he's gonna send someone out tonight to sort it out.

I KNEW the cops were in the wrong last night....watch what happens next :lol:
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Re: What Rights Do I Have Against The Police?

Postby OoBubblesoO » Thu May 29, 2008 2:48 pm

MoeSzyslak wrote:Even though you invited them in bubbles, I would still complain. If you felt intimidated or threatened, or felt like you said, they would bother you "all night" then you obviously felt like you had no choice.
I have always been lucky with police; the ones I dealt with are professional and respectable. But, I have seen the other side of the coin too: The ones on ego trips.
It is best to know your rights. :)


Thanks Moe and everyone else for advice. Yeah they did make me feel like a common criminal. But the best of it is, none of my family have criminal records so these cops had no reason to suspect us of a crime.

Know something? One of these cops was arrogant and nasty when they first turned up, threatening to arrest hubby for not allowing them in etc. All along I was shouting for warrants and IDs but none of them showed any (which according to the CSI is illegal) After they left empty handed, they were like 'see ya later' and waving, all nicey nicey...because they knew I was angry and not gonna let this lie...

So now they're in big trouble for breaking the law :bounce:
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Re: What Rights Do I Have Against The Police?

Postby MoeSzyslak » Thu May 29, 2008 2:52 pm

OoBubblesoO wrote:
MoeSzyslak wrote:Even though you invited them in bubbles, I would still complain. If you felt intimidated or threatened, or felt like you said, they would bother you "all night" then you obviously felt like you had no choice.
I have always been lucky with police; the ones I dealt with are professional and respectable. But, I have seen the other side of the coin too: The ones on ego trips.
It is best to know your rights. :)


Thanks Moe and everyone else for advice. Yeah they did make me feel like a common criminal. But the best of it is, none of my family have criminal records so these cops had no reason to suspect us of a crime.

Know something? One of these cops was arrogant and nasty when they first turned up, threatening to arrest hubby for not allowing them in etc. All along I was shouting for warrants and IDs but none of them showed any (which according to the CSI is illegal) After they left empty handed, they were like 'see ya later' and waving, all nicey nicey...because they knew I was angry and not gonna let this lie...

So now they're in big trouble for breaking the law :bounce:

Those cops who pressured you into letting them into your property, are the kind of cops that fuel the cliche. How dare they make threats against law abiding citizens? As you found out, they had no right.
Glad you are talking to someone in charge tonight.
Let us know what happens!
"Those who desire to give up freedom in order to gain security will not have, nor do they deserve, either one." - Benjamin Franklin
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Re: What Rights Do I Have Against The Police?

Postby OoBubblesoO » Thu May 29, 2008 8:32 pm

Well well well :lol:

Had the Chief Inspector out tonight and told him the story of what happened last night. He was stunned as I was telling him and at the end he told me these cops acted unlawfully. They had no right to enter my property without a warrent or showing ID. He says they do have certain powers to enter property, but this wasn't authorised by an Inspector or anyone at the station and they haven't logged the report either. So basically theres no record of them doing this raid.

Not only that, but they should have left a piece of paper explaining why they raided my house.

After taking down my details and explanation, he gave me three choices. One was that I could have them disciplined for what they did. Second one was a more serious complaint concerning dragging them in front of a panel and serious action taken, or the third was to take them to court for entering without due cause.....so I said all I wanted was for them to be told off and warned that what they did was illegal (basically showing them that I won't be harrassed by them)

Anyway, the Chief Inspector said he would try to find out who it was because I didn't get numbers or anything. But it might be a few weeks for him to figure out who these officers were and check out what happened. He left my house at 8.30pm and at 9pm he called me to ask if one of the cars was an 'estate' car. I have no idea what he meant so I told him I'd ask my son (hes at work) and get back to him. My son said it was a 'focus' so I called the Chief Inspector back and told him this...to which he replied 'good. Got them!' :D

So, he's obviously doing what he promised and not sticking my complaint in the out tray lol. Dunno whats gonna happen next but the Chief Inspector told me this is a case of serious misconduct and even though i'm really just wanting them disciplined, he himself might take action against them...

I'm just satisfied that I was perfectly within my rights to complain, especially since we did nothing illegal :mrgreen:
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Re: What Rights Do I Have Against The Police?

Postby Montgomery Burns » Thu May 29, 2008 9:56 pm

The Chief Inspector seems to be judge, jury and executioner. You would have though he would have waited to interview the officers and hear their version of events before pronouncing them guilty. Natural justice and all that.
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Re: What Rights Do I Have Against The Police?

Postby IsChildNeglectLegal » Fri May 30, 2008 12:02 pm

Dunno about your area but the "Estate" type Cars are usually reserved for the Armed Resonse Unit...
Pro McConn, excusing Child neglect since 3rd May 2007

Clarrie...if it's good enough for the PJ it's good enough for ME..get over yourself you are now't but a Pink Windbag !

"Use the Force"........the Police Force to lock the B*ggers up.
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Re: What Rights Do I Have Against The Police?

Postby ponky » Fri May 30, 2008 12:41 pm

Montgomery Burns wrote:The Chief Inspector seems to be judge, jury and executioner. You would have though he would have waited to interview the officers and hear their version of events before pronouncing them guilty. Natural justice and all that.

Also highly unusual for a Chief Inspector to visit regarding a complaint. Normally, even if the complaint was made directly to him/her,
in the first instance it would be passed to the duty sergeant and then passed back up the line of command.
I'm highly impressed that our police should take the matter so seriously.
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Re: What Rights Do I Have Against The Police?

Postby OoBubblesoO » Fri May 30, 2008 1:04 pm

ponky wrote:
Montgomery Burns wrote:The Chief Inspector seems to be judge, jury and executioner. You would have though he would have waited to interview the officers and hear their version of events before pronouncing them guilty. Natural justice and all that.

Also highly unusual for a Chief Inspector to visit regarding a complaint. Normally, even if the complaint was made directly to him/her,
in the first instance it would be passed to the duty sergeant and then passed back up the line of command.
I'm highly impressed that our police should take the matter so seriously.


Exceptional circumstances Ponky. I'm housebound and unable to visit the local police station, plus the complaint was made the night it all happened (to the desk sergeant) and I spoke to them again yesterday morning. He was actually the one who said I should speak to the chief. And he was the one who said the officers had broken the law...

He was in the process of interviewing the officers involved last night. I would have thought this chief would interview my neighbours too, to verify if what i'd said was true...but as far as I know, none of them were asked.

We think it's possible that these officers have already been spoken to in the past because of their conduct, therefore they'll be kinda on probation.

Its been in our news lately that officers are making so many minor arrests just to meet their quota, and ignoring the worse crimes, so i'm guessing the higher up's are taking complaints seriously.

Funnily enough, we have something called the 'stop and search' where officers are allowed to stop anyone in the street and search them. This was happening on a daily basis with my kids, even when they were just popping to the shops. I was getting letters right, left and centre....and each time my boys were stopped, nothing was found on them. Some days they were being stopped twice because they 'looked suspicious' :| So I called the station and asked why this was happening...even suggested it was harrassment. That was over a year ago. Neither of my boys have been stopped since I made that call!!

I have to admit that, although I don't live in a high crime area, the cops are pretty fast when a complaint is made. My guess is, they did this raid just because they were trying to reach their quota....but truth is, they should have had authorisation first.

Lets put it this way. The chief told me last night that it is legal to own these bikes. And he hinted that the officers were in the wrong because even if they had found a bike in my house, they couldn't have done anything anyway because my sons weren't driving it illegally on the streets. So basically, they committed two crimes as well as the fact that they wouldn't have been in the right if they had seized a bike which wasn't being used if it was in the house! :wink:
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Re: What Rights Do I Have Against The Police?

Postby ponky » Fri May 30, 2008 1:20 pm

OoBubblesoO wrote:
ponky wrote:
Montgomery Burns wrote:The Chief Inspector seems to be judge, jury and executioner. You would have though he would have waited to interview the officers and hear their version of events before pronouncing them guilty. Natural justice and all that.

Also highly unusual for a Chief Inspector to visit regarding a complaint. Normally, even if the complaint was made directly to him/her,
in the first instance it would be passed to the duty sergeant and then passed back up the line of command.
I'm highly impressed that our police should take the matter so seriously.


Exceptional circumstances Ponky. I'm housebound and unable to visit the local police station, plus the complaint was made the night it all happened (to the desk sergeant) and I spoke to them again yesterday morning. He was actually the one who said I should speak to the chief. And he was the one who said the officers had broken the law...

He was in the process of interviewing the officers involved last night. I would have thought this chief would interview my neighbours too, to verify if what i'd said was true...but as far as I know, none of them were asked.

We think it's possible that these officers have already been spoken to in the past because of their conduct, therefore they'll be kinda on probation.

Its been in our news lately that officers are making so many minor arrests just to meet their quota, and ignoring the worse crimes, so i'm guessing the higher up's are taking complaints seriously.

Funnily enough, we have something called the 'stop and search' where officers are allowed to stop anyone in the street and search them. This was happening on a daily basis with my kids, even when they were just popping to the shops. I was getting letters right, left and centre....and each time my boys were stopped, nothing was found on them. Some days they were being stopped twice because they 'looked suspicious' :| So I called the station and asked why this was happening...even suggested it was harrassment. That was over a year ago. Neither of my boys have been stopped since I made that call!!

I have to admit that, although I don't live in a high crime area, the cops are pretty fast when a complaint is made. My guess is, they did this raid just because they were trying to reach their quota....but truth is, they should have had authorisation first.

Lets put it this way. The chief told me last night that it is legal to own these bikes. And he hinted that the officers were in the wrong because even if they had found a bike in my house, they couldn't have done anything anyway because my sons weren't driving it illegally on the streets. So basically, they committed two crimes as well as the fact that they wouldn't have been in the right if they had seized a bike which wasn't being used if it was in the house! :wink:


One thing, I bet the neighbours were well impressed at the Chief Inspector calling. :D
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Re: What Rights Do I Have Against The Police?

Postby Montgomery Burns » Fri May 30, 2008 1:29 pm

ponky wrote:
Montgomery Burns wrote:The Chief Inspector seems to be judge, jury and executioner. You would have though he would have waited to interview the officers and hear their version of events before pronouncing them guilty. Natural justice and all that.

Also highly unusual for a Chief Inspector to visit regarding a complaint. Normally, even if the complaint was made directly to him/her,
in the first instance it would be passed to the duty sergeant and then passed back up the line of command.
I'm highly impressed that our police should take the matter so seriously.

I'm not impressed - it was a Chief Superintendent, no less, who was originally coming round in person. Obviously the importance of the complaint has been somewhat downgraded.
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