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Jo C.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 69377
Experience:  Over 5 years in practice.
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In October Police entered my property under section 18(1)

Customer Question

In October Police entered my property under section 18(1) acting on evidence found in a vehicle they had stopped the day before carrying class A drugs. Following their entry they found no evidence of connection to the vehicle or driver with the property or my daughter the occupier. I was given instruction on how to claim compensation for the damage caused to the door during entry. I am now being told no compensation is payable as they were working on intelligence that they believed correct at the time. The cost to replace the door is almost �1000.00 can you give me any advice please? Im at my wits end.
Submitted: 10 months ago.
Category: UK Law
Expert:  Alice H replied 10 months ago.

My name is ***** ***** I am happy to help you today.

Section 18 is a power used after somebody is arrested and held at a police station. Did you know the suspect?

Customer: replied 10 months ago.
No I did not know the suspect
Expert:  Alice H replied 10 months ago.

OK do you know exactly what led the police to your address? Did they give you any information?

Customer: replied 10 months ago.
I was told that a vehicle had been stopped and had class a drugs inside. Following a search of the vehicle officers found a vehicle service receipt or something of that nature with the address on it.
Expert:  Alice H replied 10 months ago.

The police power to enter and search a property is set out in the Police and Criminal Evidence Act 1984. In some cases the police can use force to enter the property but that force must be reasonable and proportionate. Each force has there own procedure for dealing with compensation where damage is caused but rarely do they pay out if they have exercised their powers properly. In your case if the police are refusing to pay out it may be because they feel they exercised their powers properly and had enough evidence to justify entering the property. If they have refused to pay out your only options are to pay for th damage yourself or to sue the police in the small claims court; but this could end up being costly and there is no guarantee of success.

Customer: replied 10 months ago.
What I cant understand is why the police did not check the council tax records first to see who was paying the council tax and if they knew where the arrested person lived (the officers confirmed where he lived) did they force entry into his property? and finally how do i find out where the vehicle was registered to. Within 10 minuites of getting home using the information that the police had given me I was able to call an officer back at the station and advise of a connection. Extreamly easy for me to use a well known media site so why was they not able to use the same technology.It seems to me that criminals know the law and nothing is supporting the injured party. You at the moment have not given me any useful information that the police have not already said and adding salt to the wound further costs to be incurred by me.
Expert:  Alice H replied 10 months ago.

I'm sorry you feel that way but I can only tell you what the law is. It's not my intention to make the situation any more upsetting for you. I will opt out.

Expert:  Jo C. replied 10 months ago.

I can confirm that the information you have received is correct.

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