to complain about DP's wrongful arrest! (Long, sorry)

[WrongfulArrest]

I have namechanged for this as a work colleague knows my username and I wouldn't want this to be common knowledge in the office. I am a fairly new, regular poster.

I have copied a lot of this from a word document I have typed up because I want to send a letter to someone to complain - not quite sure who to send it to though.

Last Saturday evening, we were only home about 30 minutes when police knocked on door.

On opening the door police did not say who they were, what they wanted, or why they were here. The first thing they said was ?where?ve you been? in an accusing manner.

DP was shocked and disturbed at the tone of questioning and replied ?nowhere to do with you ? where?ve you been!? (DP can be a bit of a nark at times - I have told him that had he responded in a different manner then the sequence of events could well be different)

Police explained briefly that someone matching DP's description ?raggedy hair? had assaulted a woman in our street and it became apparent to us both that the police were knocking on all doors. We said that we'd not long been home and had been out with family members, the police seemed happy with this, left and DP and I carried on with our evening - we actually thought no more of it.

Approx 30 mins later male police officer knocked on door ? I answered and policeman asked for a little more detail from Ian, middle name, post code & place of employment. Whilst walking away from the door the policeman advised in a matter of fact way that if he wanted to, he could be inside the house! We both found this quite threatening, and bloody inappropriate!

At this stage we had not been asked to give an account of our movements during that day.

Police then left and we were left wondering what was going on and still did not know the full story as to what had happened and why DP was being treated this way by police officers (who obviously took an instant dislike to him)

21.30pm ? 3rd visit from same police officers

Police knocked on door, advised that they were here to arrest DP based on the description matching his. I was asleep on couch at this point and DP advised that he must wake me to let me know what was happening ? police advised that there was no need, DP was disgusted that they had assumed he would leave the house to go to station without me having any knowledge of where he was or why he was gone.

DP asked police to wait at the door while he woke me, however was disgusted to find that police invited themselves into the flat. Female officer stayed in hallway, male officer came right into living room where I was asleep on couch.

Once I had been awoken, male officer told DP to put his trousers on & winked at him in a mocking manner!

I asked both officers what was going on & police totally ignored me. I was shocked at how unprofessional their conduct was.

After being in the area for 3 ½ hours and getting nowhere they had decided to arrest DP ? without actually asking any proper questions. They had based their arrest on the fact that Ian had long hair!! (IMO they did not want to leave the area without a ?result?)

DP was then humiliated by being marched out the door in handcuffs and enduring at least 20 minutes wait in the van in the street for all to see before being driven to the station.

DP spent a full night in custody and was released on Sunday 10.30am. (Pending DNA results)

Now, I know for a fact that DP did not do this - I spent Saturday night going over and over in my mind if I had left him even for a minute, I was thinking surely the police dont just arrest people for no reason, but I was with him every minute of the day! Even if I had not been with him I know he would not do this!

The police are not interested in questioning anyone else (to confirm his alibi) or in fact check the cctv of the pub we left just before we got home - they are of the opinion that the dna will confirm so no point wasting anymore resource!

I know that the dna results will prove his innocence, but we were supposed to have the results today! We had to go back to the custody office this afternoon only to be told that more officers would be here tonight to take more dna due to the initial swab being lost!!!!! Now we have to wait another week with this hanging over our head. (The police have not long left after taking another swab - I requested that they come in plain clothes and in an unmarked car, which they did)

I now feel like I'm just rambling on, and I'm sorry this is so long, it just seems so unfair - DP seems so fragile now because of this and the neighbours are loving this gossip!

[cookcleanerchaufferetc]

This thread still has not been deleted so I would push that.

On the up side, as the police are taking their time with your DH this could mean that they are also looking at other lines of enquiry ..... Thought of this?

If your DH had been charged quickly I would be more concerned as it would mean that either he did it!

[freeandhappy]

I think you should consider trying to get CCTV footage yourselves to support your case. Alot of it is deleted after a week or so. Witnesses are going to be less sure about having seen your dp if interviewed three weeks later. Get statements yourself now to back up your position. If the police made a balls of the DNA testing what's to say they couldn't do that again? They might end up matching first swab with second swab. I'd be concerned about the passing of time. Get a lawyer. Innocent people do get convicted of things they haven't done. Be on your guard. There is corruption. Get evidence that he was where he says he was before it's gone.

[handmedownqueen]

as someone who works with the police I second izzywhizzys excellent advice. However I would neve underestimate the police's ability to do a spectacularly incompetent job so would secure your DH a good lawyer as to put your faith in 'the system' to sort things out may be risky

[WrongfulArrest]

Re: my post @ 23.13

"cook I dont think MDS is being anti-police, I thinks she's being pro-WorldsApart tbh (thanks MDS)"

FWIW my original name is not worldsapart - When I changed my name I tried worldsapart but it was already taken so I changed it to what I have now. (I obviously had that name still in my head as I was typing)

I'm saying this incase it gets the original worldsapart into any bother :)

I have however given DP's name in my OP so will therefore ask for this thread to be deleted. Thanks all for your comments, it was good just to get it all off my chest last night after the second visit from the police.

All this cloak and dagger stuff! I'm no good at it, I'm closing the thread and going back to my own name....

[CandyS]

Oh, and forgot to add...when DP is found innocent in terms of 'having a police record' he will, in so much as if he's pulled over/stopped by police it will flash up on their system that he was arrested & no further action was taken against him.
But if he was to apply for a job/do a criminal record check it wouldn't show up as it's 'not' a criminal record (if that makes sense)? So only the police will know he's been arrested.

[CandyS]

Sorry! Uber long post!!
OP, I don't know where abouts in the country you live, but a few of the Police services, no longer do 'line ups', but hopefully, the police officer dealing with your case would've told you if they do/don't.

DP asked police to wait at the door while he woke me, however was disgusted to find that police invited themselves into the flat. Female officer stayed in hallway, male officer came right into living room where I was asleep on couch. This is just standard procedure, whenever a suspect needs to get the 'kids out the bath' or 'hang up the phone' they're normally attempting to escape through the back door so the police would be justified, which could've been why they chose to handcuff your DP when arresting him.

If, as you said, DP was acting a bit of a nark, this would explain why the officers took an instance dislike to him.

As someone has already pointed out, if you're going to make a complaint...go to the police station (or any police station, it doesn't have to be the one your DP was taken too/officers were from, just the same force) after he's cleared/proven innocent & ask to speak to the Duty Officer (Inspector who'd be in charge of the uniformed officers on shift) to make a complaint, you could request this by letter, but obviously going in & speaking face to face makes it a bit easier, make sure you've got the details of the case/officers you want to complain about with you (if you retain DP's bail sheet, bring it with you) as it makes it a bit easier to deal with.
DP doesn't have to come with you/be the one to make the complaint as anyone can complain about the treatment of anyone else.
This advice is based on my local police force, your local police website should be able to correct anything I've said that isn't right for their way of dealing with complaints!

The police are not interested in questioning anyone else (to confirm his alibi) or in fact check the cctv of the pub we left just before we got home - they are of the opinion that the dna will confirm so no point wasting anymore resource Tbh, the crime your DP is accused of is pretty minor by most larger forces standards, so the officer in charge of the case probably have 'more important' (I know it won't seem that way to you or DP) cases to deal with. Also, as the police will be acting on a Your DP is the suspect therefore they need the evidence to charge him, they'll be cutting off their nose to spite their face if they gathered evidence to prove his innocence before getting the DNA result.

After the case is closed, you can request a copy of it (not knowing the force dealing with you, it's best to go to a Police Station to find out how) to find out what's been written, but it's quite expensive (and obv. they'd give you no details about victim/witnesses).

Having to redo the swab because it's been lost is a shitty thing to have to do, but 'lost' normally means the DNA is lost because the offficer who took it, did not get a big enough sample, not that the DNA swab accidently got chucked in the bin!
Considering they upheld your request for them not to come for the new swab lights flashing & fully uniformed seems to suggest they're quite decent!

Good luck with getting this dealt with as swiftly as possible, I hope it doesn't affect you or DP long term.

[CadburyGuinness]

And, OP, I think you may have outed your usual username at 23.13.31

[flyingspaghettimonster]

I'd delete your post OP - if you are worried about being identified by your colleague, you have given hubby's name, description etc...

Hope they apologise once they get the DNA results back...

[FabbyChic]

Sorry but they are doing their job, I see no reason to think they have done anything wrong, it is how they operate.

It has always been guilty until proven innocent, thats never going to change. All you can do is wait for the DNA results.

Just because you say he did not do it and your partner says he didn't do it you think they should take your word for it? Of course they wont and they can't.

[SuchProspects]

Wrongful the loss of the DNA is appalling and, if it actually was a loss (rather than the sample being spoilt) brings their handling of evidence into question. Some of the actions of the officers on the first night sound less than perfect, though they could have been trying to build rapport rather than offend you. The use of handcuffs to take him to the van might be questionable if he was cooperating on the 3rd visit when they came to arrest him.

But the rest of it sounds mainly like shock. I'm not surprised you're shocked and I'm not suggesting you shouldn't be. I'm just saying that's the context of it. Assuming your DP does match the vague description given but did not assault the woman it is not wrongful arrest in the legal sense of the term. And the police are following one of the least invasive and most-likely-to-rule out-an-innocent-person (and probably quickest if they hadn't lost the first swab) lines of enquiry they can.

An identification line up takes a long time to arrange and would have meant your DP being arrested (as he was) and then bailed to attend the station for the line up probably sometime after today. He would have been in custody again for the line up itself and then may or may not have been picked out. And I say that he may have been picked out despite the fact he's innocent because identity parades are not particularly reliable. The CCTV and alibis are important if the DNA comes back a match. But having a bunch of your friends and acquaintances interviewed unnecessarily by police is no small thing in itself. CCTV is time consuming to collect and go through and pictures are often too grainy to be convincing. DNA matching is more reliable than most evidence (though not infallible) and involves discussing the possibility of your DP being a criminal with the least people.

It's a horrible situation to be in. But it is the result of having crime investigated rather than giving up if someone isn't caught in the act. Your DP should definitely get some legal advice though, if only to understand how to handle repercussions of being innocently arrested (I'm pretty sure there is no mechanism to get the arrest expunged). I'm really sorry you're going through this. I hope it is over soon and you can get a feeling of sanity back.

[CRS]

I feel so sorry for you. I had some negative dealings with the police some years ago, where the officer concerned was extremely discourteous (to be polite) and behaved in a way well outside her remit, and it has caused me a lot of stress (re:CRB checks) quite recently, years afterwards. I think it is telling that her colleagues offered me the complaint forms as I left the station the next morning.

But also have generally positive views towards the police as a whole.

It seems that these officers behaved rudely and caused you stress, but it's probably not an unlawful arrest, just a wrongful one. You can complain about the WAY they arrested your partner, though, I think, if you think they were unprofessional.

I hope it gets resolved soon.

[RubyGrace17]

I feel so awful for you and your DP :( You've done nothing wrong and you mustn't feel ashamed or embarassed. I know it's difficult and you'll just be desperate for it to be over, poor things.
Haven't had a chance to read whole thread with baby nursing but does DP have legal representation? I read the thread aloud to my DH, a solicitor by profession, and that was his question.

Thinking of you,
Ruby

[izzywhizzyletsgetbusy]

I must confess to being a tad shocked at some of what I'm reading here.

There is absolutely no reason why anyone who has been subjected to wrongful arrest and detention in custody should be considering anything other than righting the wrong that has been done to them.

[worraliberty]

I hope it all hurries up for you both OP and that the rotten bastard who did that to that poor woman is caught

I've a feeling perhaps when the results come back, you and your DH will see things more clearly. I think it always helps to try to imagine the victim as someone really close to you, and to think how you'd feel in their situation.

Impossible right now I know, but perhaps when it's all over you'll both have a clearer view.

[WrongfulArrest]

thanks everyone for your comments, i suppose if it had not had happened to us I would perhaps be saying the same as you, it's just upsetting

I appreciate you all talking me through this, I think I'll show DP this thread when he feels he can revisit this, It has knocked him for six tbh

[izzywhizzyletsgetbusy]

Sorry - please substitute DP for DH in my above response.

In addition, I suspect that, when the police were making 'door to doors', a helpful neighbour may have mentioned that your DP has 'long raggedy hair'.

For the record, the police do not yet have a remit to arrest citizens in the hope that a process of DNA elimination will lead to the culprit.

It is a proven fact that sloppy police work can lead to far worse than wrongful arrest and, like any other state funded body, the police should always be called to account when they get it wrong otherwise miscarriages of justice will become commonplace.

[WrongfulArrest]

I understand Nicknacky, we're just so upset. It was our first day out since having dd (7 months) and now we are just shellshocked I suppose.

[worraliberty]

OP please believe me when I say I do understand what you're saying but again looking at it from the Police's point of view....

Checking CCTV, going round to various witnesses..making appointments to send someone at a time they'll be home to take long statements, taking buses off the road to check their CCTV (which is not always realiable) contacting town centers/other CCTV providers and going through hours of recordings...that all takes time, manpower and money.

Believe me, you wouldn't want your DH to be in custody for all the time it took them to do that because it would be a hell of a lot longer than 24hrs!!

DNA is the way forward here and if there is a match/close match then they'll start checking all those things and taking witness statements. At this early stage it's a waste of their precious time and resources.

I know it's tough for you and your DH but really it does make sense.

[VivaLeBeaver]

They need to verify this information and it can take ages. They need to find people at the businesses who have time to sort out the CCTV tapes, then time for someone to watch them. One copper will have been allocated this case and when he's not at work I doubt anyone else will be doing anything with it. He will also have several other cases to sort stuff out for.

Your case may not be top of his list and from the police point of view why waste time taking statements, chasing CCTV tapes, etc when they can do other stuff while waiting for the DNA result. More cost effective and takes up less manpower hours. Welcome to modern policing.

[Nicknacky]

Wrongful, enquires take time.....this is obviously all you and your husband can think about but the officers will have a heavy workload, work shifts which can make it harder to see witnessess etc. A week is nothing in an enquiry.

[notmyproblem]

Get a lawyer.

[WrongfulArrest]

worra I understand what you're saying, but with all the additional information we have provided surely without dna this proves innocence?

I.E cctv, various witnesses, buses- round here they even have cctv!

We're just shocked to have this drag on, after an awful week and more samples being taken tonight, we feel that the police could have conducted more enquiries in the time it has taken them to lose DP's dna!

[worraliberty]

Yes MadamDeathstare it does. Firstly, her DH wouldn't have to go if he wasn't arrested and secondly, they couldn't keep him there.

He would be free to leave at any point (that's if he agreed to go in the first place) and he would be free to refuse a DNA swab.