Small claims - against the police?

Hermione_Granger

daytona0 wrote: »

The drugs were IN THE CAR! Prove that they weren't the friend's drugs, but being held by the mate? No third party can do that!

Correct. No third party can prove that the drugs didn't belong to the friend in question, but you seem to have forgotten that there is no need for any third party to attempt this.
The onus is on the police or CPS to provide proof of a crime, not for the person concerned to prove their innocence.

JustAnotherSaver

Holly days: you'll have to forgive me. I'm at work & can only reply on breaks using my phone which takes a while.

I wanted to ask the trolls that question so I asked it.

I'm sure you actually do understand why it was asked too.

Johno100

Hermione_Granger wrote: »

Correct. No third party can prove that the drugs didn't belong to the friend in question, but you seem to have forgotten that there is no need for any third party to attempt this.
The onus is on the police or CPS to provide proof of a crime, not for the person concerned to prove their innocence.

Exactly, imagine if this had been a coach or bus full of people and one passenger is found with drugs, say in a Secton 60 search. By Daytona's reasoning all the fellow passengers and the driver should be arrested and charged with some sort of dreamt up guilt by association offence.

RuthnJasper

Thank goodness for ThumbRemote and the other posters who actually took the time to offer sense and some answers to the OP.


I think the bashing of the OP on this thread is very mean-spirited. What is his friend supposed to do - conduct a full-body search on his friends every time he gives one of them a lift anywhere?! How could he necessarily have known that his passenger had some 'herbs' on him? If he DID know, then perhaps he ought to have said that he wouldn't drive him anywhere whilst he had it, but this is all academic now.


As horrible as the experience was for your friend, OP, maybe it's better for him to take the hit on this one and avoid irritating the local rozzers any further. I'd be annoyed too, though.

Blackbeard_of_Perranporth

BoP will now read from the book of baffooons, Chapter 16 Verse 34
Know your so called friends!
Oh, and good luck!

JustAnotherSaver

RuthnJasper wrote: »

As horrible as the experience was for your friend, OP, maybe it's better for him to take the hit on this one and avoid irritating the local rozzers any further. I'd be annoyed too, though.

Thanks for your response.

Just a note though - they're not local. They're about 30 mile away.

According to the solicitor, had it been the local police, they'd have just dealt with it like they do on the TV - roadside. He said that the police force in question are known for going a bit extreme.

Malthusian

RuthnJasper wrote: »

I think the bashing of the OP on this thread is very mean-spirited. What is his friend supposed to do - conduct a full-body search on his friends every time he gives one of them a lift anywhere?! How could he necessarily have known that his passenger had some 'herbs' on him?

The bashing is probably for what the OP isn't telling us.

1) People don't just "go out for a drive" in this day and age, this isn't the 1950s.

2) The police don't just pull over random cars to stop and search people to see if they've got any drugs on them.

3) The reason the police had for stopping that car in particular is probably the same reason they arrested the driver in addition to the guy who was carrying the drugs.

But as the OP doesn't want to talk about that, inevitably people are going to speculate.

BrentMeister

JustAnotherSaver wrote: »

Thanks for your response.

Just a note though - they're not local. They're about 30 mile away.

According to the solicitor, had it been the local police, they'd have just dealt with it like they do on the TV - roadside. He said that the police force in question are known for going a bit extreme.

Not if he has previous for possession.

BrentMeister

JustAnotherSaver wrote: »

Just a question for the trolls as this one just came to me since you like to draw up scenarios so much, so imagine this one....

The police are tipped off that you're doing drugs out of your home. Or for whatever other reason that the police want to gain access to your house (they have some sort of intelligence that you're doing drugs out of your place) .... And they are unable to gain access. Perhaps you're not there. Maybe you're asleep. In the shower. Can't hear them. Whatever.

Wouldn't be the first time the police have gotten an address wrong or a person wrong would it, regardless of how infrequent it happens.

So now your front door is taken out & they find nothing because there was nothing to find.

Well since you like to sit so smugly at your troll desk saying the police are just doing their jobs so tough luck...

Would you be sitting in your armchair saying the exact same - well the police were only doing their job, I suppose I'll have to fork out for a new front door myself. Good on them for being so thorough though.

But I'm lucky. At least the fines I would've been hit with & possible jail time which I've avoided - I can put that money towards a new front door.

Hmm.

The police would pay to have the door repaired/replaced.

BrentMeister

Johno100 wrote: »

Exactly, imagine if this had been a coach or bus full of people and one passenger is found with drugs, say in a Secton 60 search. By Daytona's reasoning all the fellow passengers and the driver should be arrested and charged with some sort of dreamt up guilt by association offence.

Example dosent really work. I dont carry strangers in my car, but a coach does.