Days spent in police custody?can i get compensated?
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Days spent in police custody?can i get compensated?
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My friends partner has spent 10 days in police custody on seperate occasions only to be let out and not be charged with any offence i have told my friend that it is police harassment.The police have also siezed allot of their belongings and searched her house yet still not charged him or her with an offence,is there anything they can do?
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Ansell A
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Get a lawyer on the case if you think there is harassment.
The police are not in the habit of locking people up without a reason and they have to get permission to sieze goods.
Just because they have not charged someone does not mean they (the police) have done anything wrong.
They must have some pretty strong suspicions to do this and they are trying to gather evidence.
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Gary L
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You do not say why the person was in police custody.
If they have seized belongings, have they been returned or is is subject to a later case?
I am sorry, I can't give an opinion on this but the story you give does not seem to add up.
Your friends seem to be very friendly with the police, why is this exactly as the police are not fond of wasting their time? |
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Jonathan
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Not really. Im sure the police were going to the best of their knowledge of the situation when taking him into custody. Its a precaution that has to be taken. |
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leslie S
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Unless it is really harassment she can do little. If they did not have probable cause to arrest, which is different than probable cause to charge, then she can do something, bring suit for damages. If they did not have cuase she can try to sue but likely will not find an attorney to take it on spec. There are attorneys that take harassment suits against the police in some large cities because they know that the city will pay off a small amount just to get rid of the case (it costs more to defend then to pay off a couple of hundred)
If the police have probable cause to arrest and their investigation or the prosecutors investigation does not become enough to charge she is let go, That does not mean that she did not do the crime, it only means they did not satisfy the prosecutor that the case was winnable.
The searches and seizure if done correctly by warrant where approved by a judge. The judge thought they had cause to search. |
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Bardic
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It is, frankly, none of your business. If your friend feels he/she has a grievance they ought to consult a solicitor, none of us know the full picture. |
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Willow
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Hmm, where do they live? (Always curious where the abusive cops are). I would get a pretty good lawyer and go from there. It seems there may be a case for unreasonable search/seizure, but since I don't know the case/details, they should hire a professional. |
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frankturk50
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It helps to say what country you are in .In UK the police can arrest on reasonable suspicion and rarely use search warrants as they have powers to search under the Police and Criminal Evidence Act.Providing they have reasonable suspicion someone has committed a crime they can arrest and detain and this is perfectly legal and they can seize property pending the completion of their enquiries there is no requirement to charge someone until sufficient evidence has been obtained to sustain the charges.Providing the police can justify their suspicions to arrest then that is not harassment or unlawful detention.If everyone who was arrested and released without charge was given compensation it would cost the tax payers billions and deter the police from functioning properly. |
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Lov4nzyx2
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How do you know they won't be charged with something? There is a statute of limitations for every crime and you can be arrested and spent a few days in jail without having a warrant issued. They can do that after the person is let out of jail. Besides, there is always a crime that they are arrested for and held in jail for. It sounds like there is a case in the works if items have been siezed and such. If, after the statute of limitations has expired, there are no charges and they can prove that it is a harrassment issue, they can contact the Internal Affairs Dept of the the Police dept. If the person was arrested based on what someone else said, it has nothing to do with the Police, they are acting on good faith. But they may have a civil suit against the person who gave the police the false statements that resulted in the arrests. |
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Amanda
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get a civil lawyer and try to sue for false imprisonment/wrongful detainment.
make sure the attorney checks the validity of the warrant--warrants have to be VERY specific in what exactly it is there are looking for. |
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