Police rules?

pollyanna24

So what would happen if by opening that gate, they had unwittingly let a dog (or other pet) out of the garden?

Or, what if said dog had attacked them?

aileth

pollyanna24 wrote: »

So what would happen if by opening that gate, they had unwittingly let a dog (or other pet) out of the garden?

Or, what if said dog had attacked them?

Well this did cross my mind as we do have a dog. He charged straight out of the door at one of them, but he is daft as a brush and just wanted fussing. Said Policeman went straight up to him and started petting him. Dog could've easily ripped his face off as he knelt down to do that!

They didn't close the gate after they had entered, they left it wiiiide open and he told me not to let the dog out as they had left the gate open, but surely it's for me to decide if dog can go into my own garden? I mean of course I wouldn't have just let him go, but was a bit 'dictator' like.

Bryando

If this happened here then no problems. But you would expect a knock on the door just to say to be honest.

pollyanna24

aileth wrote: »

Well this did cross my mind as we do have a dog. He charged straight out of the door at one of them, but he is daft as a brush and just wanted fussing. Said Policeman went straight up to him and started petting him. Dog could've easily ripped his face off as he knelt down to do that!

They didn't close the gate after they had entered, they left it wiiiide open and he told me not to let the dog out as they had left the gate open, but surely it's for me to decide if dog can go into my own garden?

Why the blimming hell didn't they shut your gate?!

I let my kids in to my back garden and if I don't expect the back gate to be open, then I certainly wouldn't check. How rude, not even shutting it. Imagine if they did that and you weren't there, anyone (who didn't realise you could just open the gate) could be wandering around your garden!

Person_one

aileth wrote: »

They didn't close the gate after they had entered, they left it wiiiide open and he told me not to let the dog out as they had left the gate open, but surely it's for me to decide if dog can go into my own garden? I mean of course I wouldn't have just let him go, but was a bit 'dictator' like.

Ok, I think you're overreacting there, I very much doubt they were actually ordering you not to let the dog out, they were letting you know the gate was open, which sounds considerate to me, my old window cleaners never bothered! Better than not telling you and the dog escaping next time he went out.

rochja

From PACE 1984 code B:
5C Paragraph 5.4 is intended to apply when it is reasonable to assume innocent occupiers
would agree to, and expect, police to take the proposed action, e.g. if:
• a suspect has fled the scene of a crime or to evade arrest and it is necessary
quickly to check surrounding gardens and readily accessible places to see if
the suspect is hiding
• police have arrested someone in the night after a pursuit and it is necessary
to make a brief check of gardens along the p......
Police were within their rights in this case, although in 'lesser circumstances they would have required written consent to enter. It is unreasonable to expect an individual Constable to be able to quote the whole of PACE at you but it is reasonable of that Constable to assume orders he receives are lawfully given.

bitemebankers

rochja wrote: »

From PACE 1984 code B:
5C Paragraph 5.4 is intended to apply when it is reasonable to assume innocent occupiers
would agree to, and expect, police to take the proposed action, e.g. if:
• a suspect has fled the scene of a crime or to evade arrest and it is necessary
quickly to check surrounding gardens and readily accessible places to see if
the suspect is hiding

Depends how you define "readily accessible". If there's a locked gate like my garden, that certainly isn't, and I would definitely take action against anyone I found in my garden without my express permission. A gate without a lock...well, who knows?

fluffnutter

bitemebankers wrote: »

NO!

Apart from a few very specific and well-defined exceptions (like saving a life) it's trespass and illegal.

http://www.stephensons.co.uk/site/individuals/public_law_civil_liberties/discompliant/trespass/

I didn't think trespass was illegal. It's certainly not illegal to simply be on somebody else's property. That firm of solicitors (in your link) looks well dodgy! Like something the Daily Mail dreamt up

Lance

bitemebankers wrote: »

NO!

Apart from a few very specific and well-defined exceptions (like saving a life) it's trespass and illegal.

http://www.stephensons.co.uk/site/individuals/public_law_civil_liberties/discompliant/trespass/

That's a lawyers site fishing for business. Police smash your door down without legal excuse sue for damages.... don't forget your terrible 'trauma' , 'can never work again' etc. In this case the OP is entitled to sue the Police for any damage they have done ... which appears to be none.

If a member of your family was stabbed and suspect detained after knife thrown away and the fingerprints / dna on knife was only evidence...... Police believed it had been thrown into a garden but no reply at front door so they came back later and eventually got an answer. Knife recovered but recent rain destroyed dna / prints so attacker gets off! Would you like to be the officer explaining that to the victims family you thought it was 'illegal' to go over the gate without permission? It's called using your common sence to do your job and if occupier wants to complain your explanation should counteract their hurt feelings etc.

fluffnutter

Lance wrote: »

That's a lawyers site fishing for business. Police smash your door down without legal excuse sue for damages.... don't forget your terrible 'trauma' , 'can never work again' etc. In this case the OP is entitled to sue the Police for any damage they have done ... which appears to be none.

+1

That's what I thought when I read the link. It's as spurious as those 'lawyers' that do the 'Been injured at work?' ads... 'you could claim thousands of pounds'.