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Wrongful Arrest

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Davethedog | 17:46 Tue 16th Sep 2008 | Law
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Never done this but I hope someone can give me some advice here.

Last Saturday night my daughter was stopped in the street by a man in plain clothes who was a policeman, with him was a civilian. My daughter was asked if she knew this man, she didn't.
The man was then asked to identify my daughter, after saying he was "pretty sure it was" the copper asked was it or not to which he replied "yes he was sure". My daughter was the apprehended by 5 police officers put in handcuffs and walked (dragged) to the police station. It was 10pm

It turns out that this guy had been mugged two weeks previously and had identified my daughter as one of the participants.

Anyway my daughter was finger printed, had her DNA taken and drugged tested (negative) she was then put in a cell until 1pm the following day, she was the interviewed where upon she produced a cast iron alibi � she was working and all her colleagues confirmed it she was released at 17:50, nearly 20 hours later.

She has never been in trouble with the law.

This is despicable we have been onto the IPCC but they are not very helpful, how should we proceed, I'll be honest we want blood.
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Was she told she could inform someone of her arrest?
Told she had a right to legal advice?
Told she could look at the code of practice?

If she was, she has not been wrongfully arrested. She was arrested because the police strongly suspected she had committed an offence and was not held for more than 24 hours.
Question Author
So its ok if I tell a policeman you mugged me and they stick you in a cell for a day,. Even if you can prove you are innocent.
why werent the ipcc helpful? could it be because ethel is right and nothing wrong was done? what did the ipcc say to you?
I would be very upset if I were arrested for something I didn't do.

But I do expect crime to be investigated. The person in the wrong here is the victim who identified your daughter but he was probably acting in good faith and not from personal malice.
Dave,

As much as the story aggravates innocent people like you and your daughter, you appeared to have said nothing wrong.

As Ethel has stated P.A.C.E (the police's bible) has been adhered to.

She was arrested to obtain and secure evidence by means of questioning. Nowt wrong there.

The arrest was deemed necessary by the police, robbery is a very serious offence. So a home interview was out of the question.

They have "real" testimony in thge way of a positive ID and no doubt a Section 9 statement by the victim. So it is not a case of a person merely saying "he or she mugged me"

You can arrest anybody over 10 years old.

Hand cuffing is routine nowadays for all ages and sexes.

Sadly it is just a case of mistaken identity. simple as that.

The police only charge about 20 percent of ALL people arrested. Often the "innocent" (or lack of evidence) 80 percent do not complain beacuse, sadly, it is a part of life.

I would let it lie and view it as a learning experience.
If what you say is correct, they stuck her in a cell for 15 hours before interviewing her. In my book, that's gross incompetence if nothing worse.

I agree the police have to investigate and in the circumstances they had no option but to arrest your daughter, but there's nothing to stop you making a formal complaint about the (to me) totally unreasonable delay in dealing with her once they had done so. Whether it will get you anywhere is another matter.
Not so hasty.

As it was night, 8 hours un-interupted sleep may have been followed.

A review, wait for solicitor, CPS liaising, additional statement from the victim, arresting officers statement, update on crime report, waiting for CID (most robberies are CID led), up to three meals for the detainee, DNA, fingerprints etc, the actual interview, liaising with the alibi givers, release papers (or bail notices) etc etc etc

20 hrs sounds reasonable.
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Tejam My daughter is 22, but as your so concerned I could probably buy and sell you before I got out of bed in the morning.

And to all you know it alls I have a police Inspector as a friend he has now done some asking around and he states that the police have broken at least 5 of thier own rules - 3 at the actual pont of arrest and that all his collegues have recommended we consult a solicitor..

The IPCC said all we could do was complain to the police station but they have since given us the name of a solicitor.

So we will thanks for your compassion and understanding -- Thats the last time I try and be in anyway sensible on herre.
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Themas - I don't include you in my tirade above :-) Ty
Tetjam - Why are you such a complete and utter prat? Someone asks a reasonable, legitimate question and you ridicule and insult them. Do you get some kind of sick thrill by posting asinine, moronic and acerbic remarks?

I can barely wait for your side splitting response.
ignore tetjam, he's a well known Olympic standard Tw&t.

To answer you question, yes, on the word of someone else they will arrest and process. I used to have a lot of time for the old Bill but at the moment they're run by a bunch of beardy weirdy, do gooding liberal a55holes who are more concerned with PC sh1te and useless stats than solving crime.

I was arrested, processed, tried and acquitted on the word of someone alone, with no evidence whatsoever. I had and alibi and the CPS still prosecuted. Thank god for a couple of Blue rinse beaks who saw through the whole charade. The CPS and the old Bill as far as I can tell only prosecuted me because I'm committing the worst crime in Britain today, being a white Middle class hard working Geezer! Guess what colour my accuser was? yep you got it people.

Also Dave they now have her DNA along with mine completely unnecessarily but they won't delete that will they?

If the old Bill lose support from people like me then where are they going to get it?
Question Author
RI - Thanks for this, they have lost my support and you guess what colour my daughters accuser was.

Birdie - TY for the moral support
Dave, perhaps you should have spoken to your police inspector friend as soon as you knew she'd been arrested.

Good luck
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Question Author
If that help you must have no mates.

As far as I can see you are scum
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Why didn't you speak to your Police Inspector friend before asking what to do on this website?? The mind boggles.
I am hoping to get some advice.

I was incorrectly arrested a couple of weeks ago for apparently assaulting a bouncer. I did not commit the assault nor did I see the assault happen. I understand from friends that someone else did it and there is CCTV footage so I am hoping that clears me.

Although this is good the bouncer picked me out as the suspect and a witness statement was taken detailing a description of myself. This was taken after my arrest. I was also told that at the time of my arrest 4 witness's came forward offering statements confirming that I did not do commit the assault and the person that actually committed the assault also admitted to it. The police did not take any details. In addition the person that committed the offence attended the police station the next morning to give a statement. She was told that she couldn't do anything and was sent away.

I am on a charge of common assault. and have been released on bail until a later date.

My questions are:
1. Why didn't the police taken any witness statements?
2. Why could the person that actually committed the assault give a statement?
3. This situtation is very emotional and distressing for me as I have never been in trouble before. What action can I take against the police and against the bouncer that wrongly picked me as the suspect?
4. Will my fingerprints etc. be deleted from the system?

thanks!
Louise - what happened in the end here? Did it go to court?

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