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UK Search warrant - was it valid, can i sue ? |
I am not a UK resident or UK domiciled. Police broke down the door of my friend's house were I was visiting without even ringing the door bell. They had a search warrant with no name on it, only the address (although they were looking for me). They searched the house for weapons and drugs and of course did not find anything as this was someone's idea of a joke. The Police cannot tell me who accused me but I think it is someone who for reasons I dont understand thinks I was dishonest to him in business and wanted to get back to me. My questions: 1. search warrant without (my) name on it, is that allowed ? 2. Can the police do this based on an unfounded rumour ? 3. Can I sue the police ? what are my chances ? 4. The door needed to be replaced ? Can I write to the claims dept ? What are my chances ? Should I not botter ? 5. Can I sue the person who made the false claims ? Can I find out who it was ? Thank you. too answer ur questions If you are serious about pursuing this you should be talking to a lawyer. Following generic legal advice you got online is a very bad idea. I would think that as it was the property that was to be searched then unless you were targeted then it could've been legal? Breaking doors down is usually done if the police feel that there might be weapons used if they were to announce themelves...or very least that any susupect could dispose of drugs down the toilet, etc? You better get one thing straight. American law does not apply in the UK. I suspect the polce did it all in accordance with their laws, but you would need to engage a barrister to properly advise you. I bet they were all big bruts. Mmmmm smells proper fishy to me! Thats a funny question for a newbee. The best thing you can do is consult a lawyer and get proper legal advice...good luck The real question is............ Why were they looking for you ?? 1. Yes. Search warrants in UK are generally for addresses not people. Imagine the police not ringing the bell before they came in,shame on them!in my experience (HAD TWO POLICE RAIDS ) they do not do it lightly on someones idea of a joke. They are looking for something or someone specific.No you can't sue the police for doing their job. I don't usually stick up for the plod but come on ...................................Daveh ,l wanted to say that as well !!you took the words out of my mouth. 1,Yes. 2 Yes, if they believe they have a strong enough case after all it would have been issued by the courts. 3, No. 4, Don't bother. 5 you can try 1) The police CANNOT execute a search warrant without your name on it 2) Generally no the police cannot get a search warrant based on a rumour it's hearsay, unless they have reasonable grounds to belive there's drugs in your house then no they cannot get a warrant 3) Yep you can sue the police for unlawful search and damage to your door 4) The police must replace the damage done to your door 5) Yep you can sue the person for libel and slander. The police have no legal obligation to inform you of who made the accusations. Yep you write to your claims court, it's up to you, you will have to fork up the money for a lawyer and court room costs, and all you will get in return is money for the door replacing. |
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