Police rules?

Lance

bitemebankers wrote: »

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?

If they get in without smashing the gate thn that is 'readily accessible' as suspect could also have entered. Is a 2 foot high fence 'readily accessible' if there is no gate? As for 'taking action' exactly what action? What is your loss? Where is criminal intent? Have they act reasonably under the circumstances?

"Officer a man just snatched my handbag and jumped over that 4 foot gate. Catch him!"

"Sorry mam the gate is locked."

"Okay officer, thanks for trying."

bitemebankers

fluffnutter wrote: »

I didn't think trespass was illegal.

It is. It's a civil rather than a criminal offence though, so it's up to you to seek redress through the courts.

That firm of solicitors (in your link) looks well dodgy! Like something the Daily Mail dreamt up

Just because they're a personal injury specialist? What kind of firm do you think people should use when they've got a claim...a firm that doesn't specialise in that field?

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
• 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.

The OP didn't say they police were chasing a suspect, nor does it appear to be the morning after the night before, so according to that they don't have any right to go snooping around people's property without permission / a warrant.

fluffnutter

bitemebankers wrote: »

It is. It's a civil rather than a criminal offence though, so it's up to you to seek redress through the courts.

But only if something is damaged, surely? Can I sue the postman who enters my property every morning to deliver my mail?

fluffnutter

bitemebankers wrote: »

Just because they're a personal injury specialist? What kind of firm do you think people should use when they've got a claim...a firm that doesn't specialise in that field?

I just find it all a bit distasteful that's all. Ambulance chasers, lawyers who capitalise on people's 'outrage', all that sort of thing. Each to their own, but it's not really my cup of tea.

ValHaller

fluffnutter wrote: »

Can I sue the postman who enters my property every morning to deliver my mail?

Of course you can. You can even sue people who have not been on your property for trespass.

fluffnutter

ValHaller wrote: »

Of course you can. You can even sue people who have not been on your property for trespass.

Yes, of course. But I'd be unlikely to be successful and that wasn't really my point. I'm just saying that I don't think that 'trepass' per se is 'illegal'.

rochja

eg means for example and is not supposed to read as an exhaustive list of instances. Most importantly here the police were trying to recover evidence of a crime and had every reason to assume the op was a law abiding citizen with no reason to withhold permission for such a search. The OP has not indicated that if approached for it permission would have been refused. The points actually made were that their presence was a surprise and also a concern regarding current levels of security of the garden. The legality of the act was questioned and I contend no court would find against the police in this instance - quite rightly. Why would you want them to not make reasonable efforts to investigate crimes? I was also quite concerned that people who couldn't be bothered to research the law on this were doing the usual vociferous 'this infringes my rights and those coppers need taking down a peg' I am not a voice for the police federation and I disapprove of the attitudes and actions of many rank and file police officers but I do like to see criticism only levelled when it is appropriate.

meritaten

I don't know if this relevant but a few years back the police raided a property just up the road from me on a tip off that the guy was smuggling Ciggies and Booze from France. They searched the house and found hardly anything. A couple of days later I asked one of the cops why they hadn't searched the old Suite in the Garden (as everyone knew that the guy had stashed the contraband in there) and he told me the Warrant was specific to the house only and even if someone had gone and found it - they couldn't take it to court as it was illegal for them to search the garden without one

wik

aileth wrote: »

Well you see I'm trying to knock off my husband for life insurance so give his cupcakes a little 'extra'....

No seriously, I was deep cleaning my bathroom, then decided to make bread. Honest.

This has had me laughing out loud!!! :rotfl:

And I have a funny story.. years ago we moved to near a submarine navel base, and a neighbour was telling us that during a joint forces exercise a few years before they had members of armed forces scurrying through their gardens on the way to 'capture' the enemy!

Well after that I had plans of my own if it happened again... I lived in hope for years that I may get to capture one of them.. well if they were in my garden - my property

So OP... next time capture the cutest policeman and say is in your garden so is yours to keep :A

wik x