Police search

I truly despair, how is this proper policing?

Do such officers go home at the end of the day actually convinced of what a great job they've done?

Assuming this is UK then see here, https://www.citizensadvice.org...olice/police-powers/

I don't believe there were any grounds for arrest (or stop & search)

What was the arresting charge?

Are you saying you were imprisoned in your own van?

What would have happened if they hadn't found your debit card?

I would make a complaint as I consider your treatment unreasonable

Can any law enforcement that are members perhaps comment?

Robgr,

I'm glad you take all of this at face value and immediately jump to the conclusion this is exactly as it happened.

The whole story makes little sense, especially the part about a Debit Card proving someone's identity - how does that work?

As for grounds....how about driving without care and attention?  I certainly wouldn't want someone around me prodding away at a satnav screen...way more dangerous than speaking on a phone in my view.

If this was exactly as described then he may well have grounds for some kind of complaint but there will be two sides to the story.

Am in the U.S., so making some assumptions...

Doubt the OP has any recourse to police rudeness. If they felt they had probable cause to search the van (e.g., fit description of recently reported getaway vehicle), then they were likely within their rights.

The only recourse I see would be fighting the ticket instead of paying it. If the specific charge was that the OP was on his phone, his cell records should be able to prove otherwise.

On  what charge were you purportedly arrested and then un-arrested?

What have you been ticketed for?

You might have a claim for possible wrongful imprisonment and possibly assault. Without witnesses I doubt either has legs.

If you feel strongly about this write to the Chief Constable and the Police and Crime Commissioner.

edit: Usually the police pull up behind the vehicle they have stopped so this should be recorded on their car video?  You should be able to get a copy via a Data Protection request.

From Gov.UK:

https://www.gov.uk/stopped-by-...n-seize-your-vehicle

Generally in UK the police must have reasonable grounds to search your vehicle (and I think these grounds are quite specific).  If this went forward and the police charged you, and your account at court was accepted by the magistrate (or Judge) as to what happened to the point of arrest then I would imagine any decent barrister would have this case dropped on the point of law.

When I used to work in law doing Criminal Law, the defendants would get acquitted on a regular basis, its not because the barristers for the defence were more clever then the barrister for prosecution, the overwhelming usual reason was that the prosecution never dotted the i or crossed the t when preparing their case and the CPS (Crown Prosecution Service) should not have allowed a lot of cases to be tried through a lack of preparation.  Maybe the police are too busy to follow proper procedure..? 

Frank,

the word Mafia might be a joke for you, but it's nauseating and painful for me. Could we avoid this kind of puns here, please?

Thanks,

Regards

M

This inspired me to look in a dictionary. Nothing wrong with your usage Frank.

When I was 19 I bought myself a new 1275GT Mini - this was back in 1978. I looked young for my age and I got stopped regularly and the police always insisted on searching my car.  I did not mind overmuch as the police were invariably polite and I like to know the police are out there doing their job and I told them this and they were pleasantly surprised and thanked me for my understanding and support. However, once, I got stopped by a real prick - he was just plain nasty so I told the policeman that he had to have a reason to stop and search my car he said that many cars like mine had been stolen recently so the police were stopping all minis and I should shut my mouth or he would cuff me. I told him I was going to take his name and number and report him and he slapped me hard across the face and told me to take that instead. He was about 40 and built like a brick outhouse and he nearly knocked me off my feet. So, I reported him for assaulting me and we went to court. I represented myself and I had a witness. He was suspended for 1 month and I was awarded 200GBP. Before the court hearing I challenged Sussex police to produce records of the Minis stolen in the Brighton and Hove area for the proceeding 12 months and the number was precisely 0. Twenty odd years later I bumped into the same prick working as a uniformed park keeper. This time I had the advantage. But he looked old and pathetic and I just felt sorry for him. Being a policeman is not an easy job. You make one mistake and you could make someone hate the police for their rest of their lives. I actually think the British police are the most affable, highly trained and disciplined police force in the world but there are a few rotten apples in the barrel and they need to rooted out. 

You need to look into a dictionary to learn what the word mafia means - I envy you, you must live in Neverland.

In the place where I live, mafia means denying Law, Justice and Right, means killing, means the mockery of everything that makes a community a livable place. And yet, there's a whole population here struggling to cancel this shame, this infamy from the land.

Frank,

sorry for having taken the thing so seriously.. It was a joke, but we are so tired of this thing, the rest of the world has no idea.

Best

Max

I looked in the dictionary to check that my (and Frank's) understanding of the word was correct.