Police and my rights?

NBLondon

happymumto2 said:

 They must have provided false or misleading information to obtain the warrant, the officer said their intelligence was that my son is living here and selling drugs from the house when their database would show otherwise. 

Cockup over conspiracy?  The unit that received the tip-off failed to check whether your son was still in custody and went straight to getting the warrant, providing incorrect/unchecked information.

I agree - you have definite grounds for a formal complaint.

I doubt you'll get to see anything about what dodgy intelligence was provided - but hopefully the unit involved will get a reprimand and possibly look into who might have made those calls and why?  (Someone got it in for your family because of your son?) 

happymumto2

NBLondon said:

happymumto2 said:

 They must have provided false or misleading information to obtain the warrant, the officer said their intelligence was that my son is living here and selling drugs from the house when their database would show otherwise. 

Cockup over conspiracy?  The unit that received the tip-off failed to check whether your son was still in custody and went straight to getting the warrant, providing incorrect/unchecked information.

I agree - you have definite grounds for a formal complaint.

I doubt you'll get to see anything about what dodgy intelligence was provided - but hopefully the unit involved will get a reprimand and possibly look into who might have made those calls and why?  (Someone got it in for your family because of your son?) 

@NBLondon The timeframe of the calls coincide with me stopping talking to my sister (abusive alcoholic and I couldn't handle it anymore), her ex-husband still pays for her phone and I have a great relationship with him we are just waiting for the bill to come through to see if it's her. I don't think it could be a neighbour, we had only lived in this area for 12 weeks when he went to prison so doubt they would even know his name, am embarrassed and ashamed of what he's done so keep myself to myself in case anyone asks where he is.

MalMonroe

Hello, I am appalled that this has happened. And I totally agree with those who say you should raise a formal complaint. 

Sending 8 officers to break into someone's home for no good reason is really going way over the top.

How awful for you to come home to find such a mess and know that they've been inside your property. For absolutely no reason whatsoever. 

The only way to get this sorted really is to make an official complaint.

Just use the information you've used here, you've explained it all very concisely and there's no mistaking the fact that they've done wrong.

It really makes me so cross. The police are supposed to protect us all but sadly they sometimes believe they are entitled to act as they please and cause distress and mayhem.

You only have to look at recent news reports such as -

https://www.bbc.co.uk/news/uk-england-london-63277161

and 

https://www.gmp.police.uk/news/greater-manchester/news/news/2022/october/investigation-underway-after-assault-of-man-outside-chinese-consulate/

to know that some members of our police forces are failing us.

I'm in South Yorkshire, which police force accused Cliff Richard of unspeakable abuse crimes. He was found to be completely innocent and then they had to pay him an undisclosed amount of compensation. That's from we taxpayers.

Hopefully you will also be able to claim some compensation. Please do try. 

Manxman_in_exile

happymumto2 said:

...I said so you're telling me for reports of someone smoking weed, it would require 8 officers with a firearms unit and battering ram to attend, he said it's up to the lead officer to decide which units are sent depending on the seriousness of the crime, he also says there was a dog unit here, but there is no dog on video. I said the warrant states drug dealing, he said it had nothing to do with drug dealing they use that so that they can take things like mobile phones etc as evidence. Warrant states "Drug and documentation relating to drug transactions and drug dealing including documents stored electronically on mobile phones, computer devices and removable storage". My son's mobile phone is on my bedside table, my laptop was on kitchen table but nothing was taken...

If he really said that (and I'm not suggesting that he didn't) then does it imply that this police force are in the habit of obtaining search warrants on fraudulent grounds?

If they're going along to magistrates saying that they need a search warrant because they have reasonable grounds to believe that drug dealing is going on - when they know it isn't - then I think there is something seriously wrong with that...  (ie they are obtaining evidence they aren't entitled to)

As I posted earlier, I think you need to make a formal complaint about this, and I would include as part of the complaint that this police officer told you they only had drug dealing included on the warrant in order to justify seizing certain "evidence".

But first, as I suggested in my earlier post, I'd speak to CAB and see if they could recommend a solicitor to whom you could speak for free before submitting the complaint.  They may have suggestions as to how to make the complaint most effective.

[Edit:  They won't respond to you, but you might want to ask them what they are doing to investigate the "intelligence sources" that tipped them off as what you were (not) doing.  They're guilty of wasting police time.  Prsumably the police know who they are - unless they are also in the habit of responding heavy handedly to tip offs from anonymous grasses... ]

theoretica

I would think/hope that what they told the magistrate they needed the warrant for would be a matter of record - and whether your son's name was invoked.  There are probably restrictions on what they can release, but may be ways of finding out something or getting at least basic confirmation. 

I would try to get these recorded as malicious reports for future protection.

DullGreyGuy

MalMonroe said:

Sending 8 officers to break into someone's home for no good reason is really going way over the top.

A property with multiple complaints of dealing controlled substances, someone in jail who lives at the abode for dealing and it appears subsequent complaints following the conviction of the prior suspect.

Search warrants are rarely executed by one or two officers as not all are complaint.

When I came back from an extended holiday the neighbour's door 3 doors down was in a right mess, heavily dented, bent in at the two corners, multiple drill holes, frame bent out. They sent 10 officers with battering rams (no firearms) due to reports of dealing by the tenants. After 90 minutes they still hadn't gotten in but the tenant open the upstairs window and asked what they wanted. At least I know our front doors seem fairly secure

happymumto2

@DullGreyGuy "A property with multiple complaints of dealing controlled substances, someone in jail who lives at the abode for dealing and it appears subsequent complaints following the conviction of the prior suspect."

That's not quite correct, zero complaints of dealing prior to his conviction we had only been for here for 12 weeks and as with our last home he is not allowed to bring anyone to the house because of the circles he mixes in. Four complaints over the last 3 weeks and last week the officer stated they had intelligence to say my son was living here and drugs were being dealt from here (I had to inform him my son had been in prison for 8 months). As of yesterday the officer is saying the warrant had nothing to do with my son or dealing (although it is clearly stated on the warrant), it was to do with 5 complaints over the last 3 weeks of the smell of cannabis being smoked so the scenario has changed and no longer fits with what is on the warrant. I spoke to a family friend last night who is an officer in the same force, he said they only carry out such an operation if they have reason to believe drugs are being cultivated, manufactured or dealt from the address, so the new story the lead officer is providing doesn't fit with the operation carried out.

My issue isn't a search warrant per se, but the scale of this warrant when I live alone with no history, in February when he was caught in an hotel room I could have understood them carrying out such an operation, but they did not, they sent two plain clothes who knocked my door with a warrant and I told them to go ahead (nothing was found). In relation to what they have done to me, apparently this type of operation is carried out and doors are put through to prevent people disposing of drugs and evidence (as would possibly happen if they knocked the door and waited for a reply), had my son actually been residing here as the officer said last week then I could have possibly understood it, given my son is in prison and I live alone with no history I do not understand it. A basic investigation would have shown them my son isn't here. Once again nothing was found and when I spoke to him yesterday he said they've had cases of a negative search one day and a positive search 3 or 4 days later, implying that if they receive more malicious calls he will return, so am now leaving my front door unlocked to grant them access at will.

elsien

The housing association is not going to evict you because the police got it wrong. I would suggest leaving your door unlocked all the time is a higher risk than the chances of the police coming back and trying to put your door through again another time. I also would be logging a formal complaint but if you are concerned about your tenancy is there a housing officer you could log the malicious compliance with as well?

ThumbRemote

I haven't seen it mentioned yet, but you could also speak to your MP at one of their surgeries. They may be utterly useless, but they could turn out to be a good ally to have on your side.

pulliptears

Make sure you back up and save that doorbell video evidence too!