Planetarion Forums

Androme · 1 Feb 2005, 22:55

I was detained and instructed to get into a police patrol car after I was sitting on a wall near the bus-stop on my way home last nigh (there are no bus-stand seats - just a post saying bus-stop and the wall is the nearest thing to sitting). They started asking me what my name is, my address, and what the hell I'm doing. I said, in a serious tone, the answers they wanted and said I was just waiting for the bus.

They said they didn't believe me and asked if I was dealing in drugs. I said I wasn't and asked me for the names of all the people who I know who deal. Again I said I don't know anyone. When I asked them why they've picked me they said it's down to suspicion of carrying drugs and/or firearms. Now don't get me wrong, I have short spikey hair and I look Muslim although I'm not, but I have no idea how and where I was connotes me being involved in illegal activities. I suspected discrimination and challenged them with the question "Is it because I resemble a terrorist from the Middle East although I'm infact, half Sri-Lankan and half-English?". They simply responded with a "you appeared suspicious" statement.

After a few moments of murmering from their end, I was told I was trespassing and I was told to re-state my details which were confirmed. After that they let me out far from where I originally was and said they don't have the time to arrest me as they have another case to sort out.

What grounds can I form a complaint and where can I? I don't want to go to the local police force as they'll probably do squat all not wanting to dent their reputation and all.

1-X · 1 Feb 2005, 22:59

you're not having much luck lately, are you?

i'm sorry to say this country sucks

I have no advice, just wanted to express support

Proteus · 1 Feb 2005, 23:01

http://www.yourrights.org.uk/your-ri...ch/index.shtml

Edit:

Quote:

Most stop and search powers can only be exercised where the constable is acting on ?reasonable suspicion?. This includes the power to search a person for illegal drugs under the Misuse of Drugs Act 1971 and the power to search for stolen or prohibited items under PACE. The meaning of ?reasonable suspicion? is found in Code A.

There must be some basis for the officer?s belief, related to you personally, which can be considered and evaluated by an objective third person. Mere suspicion based on hunch or instinct might justify observation but cannot justify a search.

However, reasonable suspicion can sometimes exist without specific information or intelligence and on the basis of some level of generalisation stemming from the behaviour of a person. For example, if an officer encounters someone on the street at night obviously trying to hide something, this clearly constitutes conduct that might reasonably lead the officer to suspect that stolen or prohibited articles are being carried.

The power must be used fairly, responsibly, with respect for people being searched and without unlawful discrimination. This would include discrimination on grounds of race, colour, ethnic origin, nationality or national origin. Accordingly, reasonable grounds for suspicion cannot be based solely on attitudes or prejudices towards certain types of people, such as membership of a group within which offenders of a certain kind are relatively common - for example, young football fans. Nor can it be based solely on your skin colour, age, hairstyle, mode of dress or previous convictions.

Looks like they messed up.

Snurx · 1 Feb 2005, 23:09

Having first hand experience with police from different countries, you can't do shit.
Cops are almost untochabale, no matter where you are. You can either forget it or fight it, but fighting is a hard choice that's full of shite. Doing it within the system guarantees you almost no result whatsoever, exept maybe a grudge or two that makes life shittier.

Androme · 1 Feb 2005, 23:10

Thanks Proteus.

Is there some high commission I can report to? ie: Met Police?

Proteus · 1 Feb 2005, 23:12

http://www.yourrights.org.uk/your-ri...e-police.shtml

The Independent Police Complaints Commission
90 High Holborn,
London WC1V 6BH
Tel: 08453 002002 (Local rate)

www.ipcc.gov.uk

Edit: It also says you should probably contact the CAB first:

http://www.citizensadvice.org.uk/

Ste · 1 Feb 2005, 23:29

umm, what exactly are you going to say?
Did you note who the officers were?
Surely they will just respond that you appeared suspicious, they didn't arrest you, or search you, just asked you questions.

Have I missed something? Because it doesn't seem like they did much wrong.

Proteus · 1 Feb 2005, 23:33

Quote:

Originally Posted by Ste

umm, what exactly are you going to say?
Did you note who the officers were?
Surely they will just respond that you appeared suspicious, they didn't arrest you, or search you, just asked you questions.

Have I missed something? Because it doesn't seem like they did much wrong.

Well, if they had no reason to suspect him (other than racism) and they put him in a patrol car, that's false imprisonment for a start. The police can't just go around detaining people for no reason and letting them go when they feel like it. And I don't think anyone's going to buy "he was sitting by a bus stop" as reasonable grounds for suspicion.

Raging.Retard · 1 Feb 2005, 23:39

There is very little you can do.

As Ste has said, they neither arrested nor searched you, so they were not acting outside of their powers. Any questions you answered will have (at least be deemed to have) been answered out of your own free will as there is no legal obligation for you to answer those questions based on the circumstances.

If you did make a complaint, it would be categorised as a Minor Complaint and dealt with by the Chief Inspector for the police force of the officers in question (as per Police Informal Resolution Regulations Act). As far as I understand, it would not go to the IPPC (Formerly the PCA). This means no marks will even be left on the officers record, and at best, you will get an explanation / written apology. In all honesty, I don't even think you would get that, it would just be dismissed. After all, they have not operated outside of their powers.

Phang · 1 Feb 2005, 23:41

Quote:

Originally Posted by Raging.Retard

There is very little you can do.

As Ste has said, they neither arrested nor searched you, so they were not acting outside of their powers. Any questions you answered will have (at least be deemed to have) been answered out of your own free will as there is no legal obligation for you to answer those questions based on the circumstances.

If you did make a complaint, it would be categorised as a Minor Complaint and dealt with by the Chief Inspector for the police force of the officers in question (as per Police Informal Resolution Regulations Act). As far as I understand, it would not go to the IPPC (Formerly the PCA). This means no marks will even be left on the officers record, and at best, you will get an explanation / written apology. In all honesty, I don't even think you would get that, it would just be dismissed. After all, they have not operated outside of their powers.

they detained him.

demiGOD · 1 Feb 2005, 23:45

burn the cops' office down

Ste · 1 Feb 2005, 23:49

Quote:

Originally Posted by Proteus

Well, if they had no reason to suspect him (other than racism) and they put him in a patrol car, that's false imprisonment for a start. The police can't just go around detaining people for no reason and letting them go when they feel like it. And I don't think anyone's going to buy "he was sitting by a bus stop" as reasonable grounds for suspicion.

I thought the stop and search powers actually allowed just that, detain anyone who looks suspicious.
I've seen enough youths sitting around on corners selling drugs to arouse my suspicions. I even bought off one when I was about 15.
The false imprisonment thing wouldn't stick - he wasn't forced into the car and didn't ask to leave.
I wouldn't use the racism card either. I don't think you'd have a chance.

The moral of the story? Don't sit on walls looking dodgy unless you don't mind arousing suspicions.

JC · 1 Feb 2005, 23:50

I always new public transport was a bad idea.

Raging.Retard · 1 Feb 2005, 23:52

Quote:

Originally Posted by Phang

they detained him.

There is little info to go on here. Did they force him into the car? Or did they ask him to sit into the car? If he was asked to sit in the car, and he did, this implied conesnt. Did he ask to leave? etc etc.

Tomkat · 1 Feb 2005, 23:53

When the police took me in for drink driving, I flirted with them ;(
They started off all serious, but then they started smiling as I joked around

Were you arsey with them and stuff? If you're just friendly and cooperative, usually the police won't harass you. Saying that though, I'm a middle-class white boy from Jersey, so my experience with the law isn't too wide.

Raging.Retard · 1 Feb 2005, 23:57

Quote:

Originally Posted by Ste

I thought the stop and search powers actually allowed just that, detain anyone who looks suspicious.
I've seen enough youths sitting around on corners selling drugs to arouse my suspicions. I even bought off one when I was about 15.

They need 'reasonable grounds' to do a stop and search, and these grounds can never be 'personal factors' alone. I.e. skin colour, dress, age, or even if he is known to have a previous conviction for say carrying a weapon, can not be used as grounds for a stop and search .. on their own. The officers need to have additional, more objective, grounds to search.

They didn't search him anyway, so this is a tad diversionary.

Yahwe · 2 Feb 2005, 08:18

Proteus is (of course) brilliantly correct.

to save you some time, i can tell you not to bother with the CAB, just go straight ahead and complain

demiGOD · 2 Feb 2005, 08:26

i ****ing hate cops, ill burn every one of them to the ground

Tomkat · 2 Feb 2005, 12:16

Quote:

Originally Posted by demiGOD

i ****ing hate cops, ill burn every one of them to the ground

You're a very angry young man

Want a hug?

Androme · 2 Feb 2005, 14:42

Thanks for all the advice in this thread.

RR - I felt like I had to go into the car else I would be arrested. They didn't say but their body language was doing a lot of talking and the fact they were waiting there signified they expected me to go with them. If I didn't, I didn't know what would happen.