Unlawfully detained

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Re:Unlawfully detained - Wednesday, November 04, 2009 12:24 PM ( #31 )
ranger20


"They say "you've been seen acting suspiciously in town, so would you like to come and sit in the back of the car and we'll take your details please."
I ask, "well what do you mean by suspciously?"
"Sit in the back of the car and we'll discuss it further"
"I'm not sitting in the back until you tell me what the problem is"
"Give us your details and sit in the back or we'll have to arrest you"
"You haven't told me whether I'm accused of anything and until you do so I should not have to sit in the back of your car or give you my details"

sorry virt but it sounds like they acted according to correct procedure.  I really dont blame them for having an attitude because simple stops like are what causes the death of most cops (at least in the USA).  Assuming that UK and US rights are similar i dont think your rights were violated at all.   To tell you the truth i would have tased you      (joking about the taser..kinda) . The situation probably would had been nothing if you complied.  You should change the thread title to lawfully detained but i dont know the law lol.


'The fact that they hadn't stated they were arresting me, hadn't told me why they were cuffing me and hadn't told me what I was accused of, meant everything they did was unlawfully carried out.'

Both my solicitor and the investigating officer agreed.

They should also tell you why they are searching you - which they didn't.

You can't be fuzzy on things like this. Know it or take the chance that they aren't violating your rights without you knowing - I know what I choose.
<message edited by _Virtuoso_ on Wednesday, November 04, 2009 12:26 PM>



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Re:Unlawfully detained - Wednesday, November 04, 2009 12:32 PM ( #32 )
Virt,
I recently had something like that happen. I walked to the mini mart in town. It was around 2 oclock in the morning and the cops pulled up and threw on their lights.
They asked me what i was doing out this late.
i simply replied i was having trouble sleeping so i decided to walk to the mini mart(i pointed to it) and grab a tin.
They replied can we have your information.
I replied i have done nothing wrong and dont have to give you my information.
They replied well im going to arrest you if you dont give me your information.
I replied, Officer I have done nothing wrong and this is a violation of my rights.
They proceeded to exit the car and they said dont make us cuff you.
I replied, Im not going to be cuffed because I have not been charged with anything.
They ran over to me and slammed my face into the mud and cuffed me and put me into the back of their car.
On the ride down to the station i didnt say a word. And they were mumbling something about how dumb i was.
We got to the station and the officers told me they were arresting me for trespassing. (i had walked through the high school parking lot).
I told them i wasnt going to say anything until i had my lawyer here. I asked them for a phone call and I called my step father who is a federal agent. I explained to him what had happened and he said he would take care of it.
Two minutes later the officer who had arrested me answered the phone looked at me and said"Im sorry for this inconvience."
So after all that its just funny that cops think they can boss people around, and in reality they have no idea who we as citizens are or who we know. I hate cops and always stick up for my rights and others.
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Re:Unlawfully detained - Wednesday, November 04, 2009 1:07 PM ( #33 )
^

Exactly it's bs. They think they'll just cruise around on a power trip but when they come across someone who doesn't mindlessly comply and actually questions their authority because they know their rights, it's almost like they get angry that their new found power isn't working for them and so you who has taken it from them is going to be shown just what they can do to prove themselves.

I actually question how many coppers could correctly tell you a citezens rights in that situation. A lot just don't care but I'm sure there's plenty that just don't have a clue about the law they are trying to enforce.



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Re:Unlawfully detained - Wednesday, November 04, 2009 1:33 PM ( #34 )
sw0le


Virt,
I recently had something like that happen. I walked to the mini mart in town. It was around 2 oclock in the morning and the cops pulled up and threw on their lights.
They asked me what i was doing out this late.
i simply replied i was having trouble sleeping so i decided to walk to the mini mart(i pointed to it) and grab a tin.
They replied can we have your information.
I replied i have done nothing wrong and dont have to give you my information.
They replied well im going to arrest you if you dont give me your information.
I replied, Officer I have done nothing wrong and this is a violation of my rights.
They proceeded to exit the car and they said dont make us cuff you.
I replied, Im not going to be cuffed because I have not been charged with anything.
They ran over to me and slammed my face into the mud and cuffed me and put me into the back of their car.
On the ride down to the station i didnt say a word. And they were mumbling something about how dumb i was.
We got to the station and the officers told me they were arresting me for trespassing. (i had walked through the high school parking lot).
I told them i wasnt going to say anything until i had my lawyer here. I asked them for a phone call and I called my step father who is a federal agent. I explained to him what had happened and he said he would take care of it.
Two minutes later the officer who had arrested me answered the phone looked at me and said"Im sorry for this inconvience."
So after all that its just funny that cops think they can boss people around, and in reality they have no idea who we as citizens are or who we know. I hate cops and always stick up for my rights and others.


In Philadelphia if an officer makes contact with you they run your info...
Hell, I was stuck on the side of the road.. an officer stopped to see if I need assistance, he ran my info... I don't have any warrants, why would I care. They ran it, asked me if I needed a lift to the on ramp, I didn't, he was off. How hard is that?

IMO you got off 'cause you called step daddy, and knew someone, he's a federal agent... That is not fighting for your rights or anyone else's... it's just being a big "mommy baby"...

There are real right infringements that go on on a daily basis, that should be addressed, that need to be fought for... this was not one of them...

But I'll leave this thread alone, I have more than said my piece.
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Re:Unlawfully detained - Wednesday, November 04, 2009 4:34 PM ( #35 )
actually in the beginnning I was not giving into their requests without a reason thats what i meant when i said standing up for my rights...and i never said i didnt get off because of my step dad. I was simply giving my experience. and thats it
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Re:Unlawfully detained - Wednesday, November 04, 2009 4:38 PM ( #36 )
I'm still not sure what you think you would have lost if you had simply given them your info and been cool about the whole thing.  (Please say something less vague than "my rights.")  You can ****and moan and try to stick it to the man if that's your thing.  But just remember, all you did was waste your own time, cause yourself unneeded stress (uh oh, cortisol!), and put yourself at risk for getting into some real trouble.  And in the end, what is it you gained?  Not getting in the car by your own free will.  Congratulations!

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Re:Unlawfully detained - Wednesday, November 04, 2009 5:08 PM ( #37 )
snatchula


I'm still not sure what you think you would have lost if you had simply given them your info and been cool about the whole thing.  (Please say something less vague than "my rights.")  You can ****and moan and try to stick it to the man if that's your thing.  But just remember, all you did was waste your own time, cause yourself unneeded stress (uh oh, cortisol!), and put yourself at risk for getting into some real trouble.  And in the end, what is it you gained?  Not getting in the car by your own free will.  Congratulations!



tbh someone harboring this attitude, I don't expect them to understand.



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Re:Unlawfully detained - Wednesday, November 04, 2009 5:23 PM ( #38 )
Hollow rhetoric, gotta love it!
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Re:Unlawfully detained - Wednesday, November 04, 2009 5:28 PM ( #39 )
Look man, no offense, take whatever attitude with authority that you want.  I realize that, like THW said, people's rights get stomped on all the time.  But this situation... to me it's just incredibly insignificant, and you're not making any difference at all by sticking to your guns.  If you wanna fight oppression, I'm on your side bro.  Go for it!  But pick your battles.
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Re:Unlawfully detained - Wednesday, November 04, 2009 6:09 PM ( #40 )
_Virtuoso_



tbh someone harboring this attitude, I don't expect them to understand.
 

I was thinking the exact same thing.
Who told people that when you cooperate the police automatically become more friendly and do their job as they should? no they often prefer a weakness and will pick upon it to enforce their power trip even more.

Why on Gods green earth should anybody get into a police car when they have done absolutely nothing wrong and are going about their everyday business! Fuk the pigs they need to go catch real criminals instead of wasting taxpayers money on BS.
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Re:Unlawfully detained - Wednesday, November 04, 2009 6:17 PM ( #41 )
i say **** them cops and move on to brighter days with knowledge....
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Re:Unlawfully detained - Wednesday, November 04, 2009 6:40 PM ( #42 )
If you didn't do anything wrong why wouldn't you just give them your information?  From what I gathered it seems you were being the typical teenage, "I know my rights" dickhead.
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Re:Unlawfully detained - Thursday, November 05, 2009 5:20 AM ( #43 )
I am going to retract the harshness of my tone, in my previous posts, although not the content... I said I would stay out of this... However upon reflection, I realize, I forget how different things are small towns, and communities... 

I live in a city that is plagued by bank robberies (yeah bank robberies), break ins, general theft, vandalism, rapes, assaults, murders and cop killings...(what 2 years ago we were the murder capital, last year .... 4-5 police killed, I think actually more) our police force (and it certainly has it's internal corruption, and some serious prejudice), still has much better things to do than harass random people on the street, for no reason... It just does not happen here, much at all...In smaller towns I forget that there are police forces that have really nothing better to do than throw their weight around...

So I will gentle up my tone, remind myself that things are quite different in different places, but my statements still stand...

Funny I hang out with Anarchists ... I am borderline libertarian in the weirdest way. I come off as a cop lover, and I am absolutely not... but I still don't get the attitude.

You know, a long time ago, I was in my parents Jeep, I was 17 (oh **** that was 17 years ago!!!!) with like 10 people from a friends family party. We were parked on the side of this wooded lane to look for ghosts... it was a "ghost road", there were young kids in the car as well as people my own age, they were not in sitting in the car properly, and there were too many of us... We were far out in the suburbs so far, at that time it was still "country".

A cop pulled up to investigate, he knew why we were there... we were not supposed to sit there,, and he wanted us to move on... Besides the minor infractions of having young children in the car not properly restrained, and hazardous passenger  situation, I had been drinking, and had a more than a significant quantity of weed (good enough for possession with intent to sell), I was polite and respectful, he took my info, ran it, gave us a little warning, I never got searched neither did my car. If I would have gotten all lippy, things would absolutely not gone that way! and I have never been a cute girl, who gets what they want with a bat of the eyelashes, so don't think that was why...

 
<message edited by thehardway on Thursday, November 05, 2009 5:21 AM>
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Re:Unlawfully detained - Thursday, November 05, 2009 5:33 AM ( #44 )
There's no two ways around it:  Virt's a bada$$ mo fo.
I'm happy that I can live vicariously through his shenanigans!
I mean, haven't we all wished we could get back at someone who has been mean to us?
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Re:Unlawfully detained - Thursday, November 05, 2009 8:00 AM ( #45 )
wantabs


_Virtuoso_



tbh someone harboring this attitude, I don't expect them to understand.
 

I was thinking the exact same thing.
Who told people that when you cooperate the police automatically become more friendly and do their job as they should? no they often prefer a weakness and will pick upon it to enforce their power trip even more.

Why on Gods green earth should anybody get into a police car when they have done absolutely nothing wrong and are going about their everyday business! Fuk the pigs they need to go catch real criminals instead of wasting taxpayers money on BS.


They recieved a complaint about him!

They were not wasting tax payers money they were serving the tax payer, they were following up on a complaint... They told him what store they were referring to... He was in it... He didn't do anything wrong, but that is not the point, they did not know that at the time! They wanted him to sit down so that they did not have to worry about him running, while they were questioning him... He was not under arrest, they wanted to talk to him! The attitude escalated the situation which wasted everyone's time...the cops, virt, the solicitor, the investigating officer... it was a great big f'all for NO REASON!!!! just because he was playing a schemantics game...nit pick word choices... because he was offended that he was accused of something he didn't do.


nm0ney.... so I got to ask you since you bounce... So it's ok for you to put someone in their place when missbehaving... but it is not ok, for you to be reprimanded if you do wrong?

Man half of you guys I would throw out of a show, like lightning, if you gave me these attitudes, if or when I caught you doing something wrong... everybody thinks they are intitled to anything they f'in want.

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Re:Unlawfully detained - Thursday, November 05, 2009 8:26 AM ( #46 )
thehardway




They recieved a complaint about him!

They were not wasting tax payers money they were serving the tax payer, they were following up on a complaint... They told him what store they were referring to... He was in it... He didn't do anything wrong, but that is not the point, they did not know that at the time!
 

I get your point but he had the bag with him so of course they would quote said store and its common of the police to just say "we have received so and so complaint" just to stop you.
Hardway dont get me wrong im not ignorant towards society and its laws and i'd stop to comply with questions etc but IMO they took things too far with virtuoso and they seem to do this frequently. Once he had shown a receipt for the store they should have just been cool with that,funny eh how whenever its 2 officers and one civilian they tend to take the piss,pussys.


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Re:Unlawfully detained - Thursday, November 05, 2009 8:53 AM ( #47 )
Virt- I get where you are coming from but if you had just done as they had asked you would have been out of there within 5 minutes. They were doing their job, they responded to a complaint and stopped you for questioning and to do what they have the right to do: search you for weapons (to protect themselves), and to run your information for warrants (standard procedure). If you did nothing wrong, you had absolutely nothing to worry about. As you said you clearly had a receipt for the items in your bag. The officers didn't accuse you of anything other than what they had been told and were in no way charging you for anything,  they said exactly what they should have said on a complaint, "you've been seen acting suspiciously in town, so would you like to come and sit in the back of the car and we'll take your details please." They wanted to check your information and surely hear your story because they would look like a couple of idiots if they took you down to the station for no reason. They didn't accuse you of anything unlawful because 'acting suspiciously' is not a crime. Once you refused to do what is under their authority to ask of you, it causes problems, and not cooperating makes you look much more guilty, because why wouldn't you cooperate if you had done nothing wrong?

In this particular instance I think you were in the wrong and were lucky to get away with only 6hrs in a cell after assaulting the officer. I am in no way sticking up for Cops because Cops ****ing piss me off a lot of the time,  but in this instance I think they really were just doing their job. I know that is not what you want to hear but that is just my opinion based on your story.



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Re:Unlawfully detained - Thursday, November 05, 2009 9:01 AM ( #48 )

I'm walking home from the town center when a police car with 2 cops pulls up along side me and they ask to speak to me. I oblige.
They say "you've been seen acting suspiciously in town, so would you like to come and sit in the back of the car and we'll take your details please."
I ask, "well what do you mean by suspciously?"
"Sit in the back of the car and we'll discuss it further"
"I'm not sitting in the back until you tell me what the problem is"
"Give us your details and sit in the back or we'll have to arrest you"
"You haven't told me whether I'm accused of anything and until you do so I should not have to sit in the back of your car or give you my details"

^ that is why, Virt wanted to run the situation... He wanted it on his terms... That is not how it works... The more attitude he gave, the less credibility he had... They were not arresting him.. I would bet money that if he had just sat down, and let the officers run the questioning the situation would rapidly have rectified. They would have run his info, checked his purchace, etc... But, Virt was disagreeable to the point that they were no longer interested in the initial complaint, or anything really realting to that, because he by now was really acting like he had something to hide... Now, that is speculation, as I already admitted once today, situations differ form place to place...

I know many people purchase small items while stealing large one... I used to manage retail...

I am constantly shadowed in stores when I shop in certain places if I am in my work clothes... I also have a rapid gait, at times, I frequently breeze through stores, when I am running a work errand, and want to check on something or pick something up for me personally, when I am short on time... I come off as suspicious, sometimes homeless/ or drug addicted, at first casual glance, depending on how outstanding my work attire is for the day... I don't get mad if people see me as suspicious, I actually delight in proving them wrong with my actions/purchases, but I will not fault them for their gut reaction...

I know where your coming from as well... I don't know why I can not leave this topic alone..
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Re:Unlawfully detained - Thursday, November 05, 2009 9:06 AM ( #49 )
It sounds a bit like it made you panic when they asked you to sit in the back? Not in a derogatory way but for some people it can be alarming.
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Re:Unlawfully detained - Thursday, November 05, 2009 10:34 AM ( #50 )
I understand what some of you are saying, however you're also missing the point that over here (I don't know about over there), you don't have to give details unless accused of something, and I wasn't. You can say 'that's besides the point' and that it's no skin off my back to give them anyway - but in all honesty I already have such a poor view of the police that I don't intend to give up liberties when they fail to follow correct procedure, regardless of how easy it will make the situation for them. You said it, they are on taxpayers money - so how about we make sure it gets used properly and they carry out their job properly, rather than feeling the need to assert their authority and us having to help them along and lead them by the hand, at our expense, when they don't know how to carry out their job correctly.

If a solicitor and investigating officer who both deal in criminal law agree that procedure was poorly carried out, and it's dropped before it's even taken to trial because the crown prosecution service also feel the same after looking at the incident filings (I don't expect it's often that 'assault on an officer' charges get dropped from trial) - then obviously there were great failings on their side.

I'll say it again, I'm not going to simply give up information because some spoilt power-hungry person with a false sense of authority demands that I do.

You can though, by all means.
<message edited by _Virtuoso_ on Thursday, November 05, 2009 10:38 AM>



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Re:Unlawfully detained - Thursday, November 05, 2009 10:41 AM ( #51 )
All you had to say was, "Guys, it's me!  You know, Virt, from DBB!"
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Re:Unlawfully detained - Thursday, November 05, 2009 11:10 AM ( #52 )
_Virtuoso_


I understand what some of you are saying, however you're also missing the point that over here (I don't know about over there), you don't have to give details unless accused of something, and I wasn't. You can say 'that's besides the point' and that it's no skin off my back to give them anyway - but in all honesty I already have such a poor view of the police that I don't intend to give up liberties when they fail to follow correct procedure, regardless of how easy it will make the situation for them. You said it, they are on taxpayers money - so how about we make sure it gets used properly and they carry out their job properly, rather than feeling the need to assert their authority and us having to help them along and lead them by the hand, at our expense, when they don't know how to carry out their job correctly.

If a solicitor and investigating officer who both deal in criminal law agree that procedure was poorly carried out, and it's dropped before it's even taken to trial because the crown prosecution service also feel the same after looking at the incident filings (I don't expect it's often that 'assault on an officer' charges get dropped from trial) - then obviously there were great failings on their side.

I'll say it again, I'm not going to simply give up information because some spoilt power-hungry person with a false sense of authority demands that I do.

You can though, by all means.


Well maybe this is where we are all disagreeing because in the US if someone reported you acting suspicious in a store  the officer would absolutely have probable cause to ask you for personal identification. Actually in some states refusal even without probable cause can land you in jail. I am all about protecting Civil Liberties but I really don't think asking for identification is that big of a deal IF someone had reported suspicious activity. Searching inside pockets and putting you in a police car would be a little much even over here just based on suspicion but it is probably within their power to do so under law. I am not sure how it is over there so if they didn't have the right to ask your for identification I guess I would be as pissed as you were.

As a side note: Its a weird situation to be a cop because you do protect the citizens of your community as much or maybe even more so than a firefighter might but yet you get but a fraction of the respect of a fireman does in their community. I find that odd but it is very true amongst the general public. I think human beings have a problem with authority in general (I know I do), and top that off with the type of personalities commonly found in cops and you have yourself an issue.


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Re:Unlawfully detained - Thursday, November 05, 2009 11:32 AM ( #53 )
RedJeep


_Virtuoso_


I understand what some of you are saying, however you're also missing the point that over here (I don't know about over there), you don't have to give details unless accused of something, and I wasn't. You can say 'that's besides the point' and that it's no skin off my back to give them anyway - but in all honesty I already have such a poor view of the police that I don't intend to give up liberties when they fail to follow correct procedure, regardless of how easy it will make the situation for them. You said it, they are on taxpayers money - so how about we make sure it gets used properly and they carry out their job properly, rather than feeling the need to assert their authority and us having to help them along and lead them by the hand, at our expense, when they don't know how to carry out their job correctly.

If a solicitor and investigating officer who both deal in criminal law agree that procedure was poorly carried out, and it's dropped before it's even taken to trial because the crown prosecution service also feel the same after looking at the incident filings (I don't expect it's often that 'assault on an officer' charges get dropped from trial) - then obviously there were great failings on their side.

I'll say it again, I'm not going to simply give up information because some spoilt power-hungry person with a false sense of authority demands that I do.

You can though, by all means.


Well maybe this is where we are all disagreeing because in the US if someone reported you acting suspicious in a store  the officer would absolutely have probable cause to ask you for personal identification. Actually in some states refusal even without probable cause can land you in jail. I am all about protecting Civil Liberties but I really don't think asking for identification is that big of a deal IF someone had reported suspicious activity. Searching inside pockets and putting you in a police car would be a little much even over here just based on suspicion but it is probably within their power to do so under law. I am not sure how it is over there so if they didn't have the right to ask your for identification I guess I would be as pissed as you were.

As a side note: Its a weird situation to be a cop because you do protect the citizens of your community as much or maybe even more so than a firefighter might but yet you get but a fraction of the respect of a fireman does in their community. I find that odd but it is very true amongst the general public. I think human beings have a problem with authority in general (I know I do), and top that off with the type of personalities commonly found in cops and you have yourself an issue.

what he said! All of it, and the bold x2

<message edited by thehardway on Thursday, November 05, 2009 11:35 AM>
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Re:Unlawfully detained - Thursday, November 05, 2009 2:53 PM ( #54 )
RedJeep


As a side note: Its a weird situation to be a cop because you do protect the citizens of your community as much or maybe even more so than a firefighter might but yet you get but a fraction of the respect of a fireman does in their community. I find that odd but it is very true amongst the general public. I think human beings have a problem with authority in general (I know I do), and top that off with the type of personalities commonly found in cops and you have yourself an issue.


They do get a lot less respect, but this is largely down to how they handle situations. In the UK I'd honestly think you would struggle to find more than, say, 20% of the public who think the police do a good job. They are largely considered as a hassle to the general public rather than a law enforcment. They regularly fail to crack down on anti-social behavior which results in elderly people being bullied inside their homes and people being assaulted. Offenders often recieve no more than cautions or slaps on the wrist. Their response times are pathetic, if they even respond at all to crimes that actually matter. It's seen over here as, firemen save lives and police hassle the public.

There's just endless lists of reasons and incidents for why the public hold them with such contempt.

There was an incident a while back where a boy was drowning in a pond 6 feet out from the edge. There were 2 officers on the scene and neither jumped in whilst he was drowning. Their reason, "It's not part of their training" - which the metropolitan police backed up before realising the grave mistake in making this comment after a puclic outcry.

There was also a reporting investigator who went undercover and joined the police to get an inside view of the inner working of the force. She reported that a rape attack came in over the radio, and one officer in her presence stated, "she probably deserved it" and didn't respond to the call until five minutes after.

These are just 2 incidents out of hundreds every year that have been made puclic. There's also such incidents which happen every day as I mentioned before which just go unchecked by the police.
<message edited by _Virtuoso_ on Thursday, November 05, 2009 3:02 PM>



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Re:Unlawfully detained - Thursday, November 05, 2009 6:23 PM ( #55 )
_Virtuoso_


ranger20


"They say "you've been seen acting suspiciously in town, so would you like to come and sit in the back of the car and we'll take your details please."
I ask, "well what do you mean by suspciously?"
"Sit in the back of the car and we'll discuss it further"
"I'm not sitting in the back until you tell me what the problem is"
"Give us your details and sit in the back or we'll have to arrest you"
"You haven't told me whether I'm accused of anything and until you do so I should not have to sit in the back of your car or give you my details"

sorry virt but it sounds like they acted according to correct procedure.  I really dont blame them for having an attitude because simple stops like are what causes the death of most cops (at least in the USA).  Assuming that UK and US rights are similar i dont think your rights were violated at all.   To tell you the truth i would have tased you      (joking about the taser..kinda) . The situation probably would had been nothing if you complied.  You should change the thread title to lawfully detained but i dont know the law lol.


'The fact that they hadn't stated they were arresting me, hadn't told me why they were cuffing me and hadn't told me what I was accused of, meant everything they did was unlawfully carried out.'

Both my solicitor and the investigating officer agreed.

They should also tell you why they are searching you - which they didn't.

You can't be fuzzy on things like this. Know it or take the chance that they aren't violating your rights without you knowing - I know what I choose.


Im just assuming that your laws are similar to ours, but if you are a suspect to a possible crime the police have the rights to detain you with out telling you what you might be charged with until actual questioning begins (in which miranda would take place).  I really dont think your rights were violated at all, they suspected you of something and you didnt cooperate like you should have.   i dont know british law 100% but i bet your rights were not violated
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Re:Unlawfully detained - Thursday, November 05, 2009 6:39 PM ( #56 )
I don't remember if you said something like this or not, but if a cop says, "Give me your details or I'm going to take you in."  And you say, "Take me in."  The cop did nothing wrong, and you voluntarily went down to the station.
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Re:Unlawfully detained - Thursday, November 05, 2009 9:55 PM ( #57 )
ranger20


Im just assuming that your laws are similar to ours, but if you are a suspect to a possible crime the police have the rights to detain you with out telling you what you might be charged with until actual questioning begins (in which miranda would take place).  I really dont think your rights were violated at all, they suspected you of something and you didnt cooperate like you should have.   i dont know british law 100% but i bet your rights were not violated


lol I just find it remarkable how you think you know british law better than myself who lives here and has researched the subject heavily, a criminal law solicitor, and a police investigator whos job it is to make sure the correct course of action is/was taken.

You know more...bizzare.

<message edited by _Virtuoso_ on Thursday, November 05, 2009 9:57 PM>



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Re:Unlawfully detained - Friday, November 06, 2009 7:53 AM ( #58 )
I certainly haven't done any extensive research on British law, so since you're the expert, let me as you this.  Is it truly unlawful for an officer to arrest you after you've assaulted him?  (This question is in response to the title of the thread.)
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Re:Unlawfully detained - Friday, November 06, 2009 9:41 AM ( #59 )
thehardway

I come off as suspicious, sometimes homeless/ or drug addicted, at first casual glance, depending on how outstanding my work attire is for the day... I don't get mad if people see me as suspicious, I actually delight in proving them wrong with my actions/purchases, but I will not fault them for their gut reaction...
 

Haha I remember the first time I went into a brooks brothers. I was dressed fairly poorly, and I was picking up some nice things to wear to work. I dont have much to spend money on so I figured I'd spend a little extra and get some good quality stuff at BB. 

I walk in and the clerks tone was unmistakable, like I was only there to browse. I pick out my things try them on walk to the counter and throw down a grand in cash. haha 

Some young guy (probably thought I was a college student) wearing a t-shirt, jeans, and flip flops, who needed a shave and a hair cut in that store... yeah I get why he would be disappointed when I walked in. 




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Re:Unlawfully detained - Friday, November 06, 2009 12:36 PM ( #60 )
snatchula


I certainly haven't done any extensive research on British law, so since you're the expert, let me as you this.  Is it truly unlawful for an officer to arrest you after you've assaulted him?  (This question is in response to the title of the thread.)


No it isn't.

But as you can see, they had already detained me before that had taken place. And I think anyone is justified in responding to an unecessary jab at them, especially if they have their hands behind their back.


Below are quotes from the metropolitan police website proving rights were violated, for those of you that think otherwise. This is from their own website.



What should I do if I am stopped or/and searched?

It's up to you whether you provide your name and address. You don't have to, but the best advice is that you should co-operate with the police.
Don’t forget that the stop or stop and search must be carried out according to strict rules – the police have responsibility to ensure that people’s rights are protected


During a stop and search what information do the police have to give me?
The police who stop and search you must provide you with certain information including:
  • Their name and the station where they work (unless the search is in relation to suspected terrorist activity or giving his or her name may place the officer in danger. They must then give a warrant card or identification number)
    They did this
  • The law under which you have been stopped
    Did NOT do this
  • Your rights
    Did NOT do this
  • Why you have been stopped and searched
    Did NOT do this
  • Why they chose you
    'Suspcious behavior' although that is open to interpretation
  • What they are looking for
    Did NOT do this

During a stop and search what information will the police ask for?
The police have a legal requirement to include certain information from individuals who have been stopped and searched. This includes:
  • Date and time of the stop and search
  • Location of the stop and search
  • Why they stopped you, the grounds
    Did NOT do this
  • What they were looking for
    Did NOT do this
  • Names of the officers conducting the search and others present
The police officer will ask for your name and address and date of birth. You do not have to give this information if you don’t want to, unless the police officer says they are reporting you for an offence.
I was not being reported for any offense, thus did not have to state my name.


So honestly, if you want to tell me whether my rights were violated or not then make sure you have more than a wim to go on. It's obvious as to what extent the failings were on their part. Clear breach of rights on many counts.

Damn you make me mad telling me I'm wrong when you have no knowledge of the system.

http://www.met.police.uk/stopandsearch/what_is.htm
<message edited by _Virtuoso_ on Friday, November 06, 2009 1:00 PM>



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