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]

And the CCTV might not be accessible at night. Plus op you really do not know what the police are doing to establish your DH guilt/innocence.

[WrongfulArrest]

Nicknacky - yes DP is making the complaint, I'm just the one doing the paperwork IYSWIM.

[vigglewiggle]

And the answer to the Legal Rep question?.....

[VivaLeBeaver]

Sounds like initial poor questioning on the first copper's fault, rather than introducing himself and saying they were doing door-to-door, etc which would have been better.

However if your DP hadn't responded as he did everything may have been different. I'm not saying its right at all, but some coppers can be a law unto themselves if someone puts their backs up.

[WrongfulArrest]

he did not have legal representation at the police station - he felt he did not need this as he knew he was telling the truth. (mistake, I know)

[Nicknacky]

Wrongful arrest, it was MrsGaGago that commented that the police were heavy handed

What you have to remember is the police are not acting personally, they have information/evidence that the person responsible is your husband. I am a police officer and I have detained people that have turned out to be innocent but as long as I can justify that detention then it is not wrongful. And remember, they are not going to tell you about all the enquiries they are making!

Of course it is scary, but don't stress too much about it. I know that is easier said than done.

[WrongfulArrest]

Madam, that's my point! The woman who was assaulted would definitely say DP was not the person who did this....

I understand that dna is the best possible proof, but to be told today that they have llost the original swab, so now we have to wait another week or so for results!! it's just ridiculous

[cookcleanerchaufferetc]

How do you know the woman who was assaulted would say that your DH was not the person? Do you know her?

[Nicknacky]

Madamedeathstare, I wouldn't ever do an identity parade like that, it would get torn to shreads in court by any half decent defence lawyer

[worraliberty]

What is it they're supposed to have done wrong here OP?

They made enquiries, your DH fitted the description, he wasn't exactly forthcoming when they asked where he had been so they arrested him on suspicion..took DNA and released him.

I know it's not nice...God of course it's not, but I really don't see on what grounds you would complain?

[WrongfulArrest]

cookcleaner I dont know the woman, but I know that DP did not do this, unless he was in 2 places at the same time - so that is what I base my comment on.

[Nicknacky]

I'm in Scotland so it is slightly different for us up here, but I am led to believed that it would show on an enhanced CRB but I am prepared to be corrected!

[worraliberty]

The woman who was assaulted would definitely say DP was not the person who did this

How do you know? Attacks can happen so fast. Not only that but in the eyes of the Police, she might be too afraid to pick him out of an ID parade if he'd just attacked her (not saying he did!) or too shaken and upset.

[WrongfulArrest]

worra - I guess we're just horrified at this happening at all, we've never had any dealings like this tbh. We know he never did this, DP was subjected to humiliation for no reason.

The woman gave a description of a man with long hair - DP has long hair, thats the only thing that fits. how many men in this world have long hair?

Oh, I dont know - we're just so upset

[vigglewiggle]

MDS The Police and Criminal Evidence Act 1984 allows you to conduct a street identification, but there are obviously certain limitaions and provisos.

[cookcleanerchaufferetc]

Madam - you don't know what details have been given to the police so at this stage there is no wrongful arrest, nor does the op.

Do you really think the police would say, ok wife of potential criminal, you say he was with you all night so I will believe you? How many times do you think the police get people saying their johnny didn't do it despite CCTV, DNA, dozen witnesses etc?

Not saying this is the case with the op, I just think madam is being rather anti police.

[NomadInNowhere]

I get the impression from reading the thread that OP and her partner are just very shocked and are not used to this sort of scenario. It's one thing if you have regular dealings with the police, but if you have always been law abiding citizens you just don't really expect this to happen and I think the police should also have some respect for this. I would imagine they would have looked up his name on their records to show no previous. That in itself says something.

[worraliberty]

I do understand believe me I do..but really the Police have experience of these things and how could they follow up witness statements, check CCTV, arrange an ID parade etc all within a couple of hours at night time?

From their point of view, if your DH had assaulted this woman, he would have been long gone by the time they finished all those enquiries.

Therefore, keeping him 'safe' in a cell while they took DNA and a statement etc was the sensible thing to do. And as someone else said, you don't know what other lines of enquiries they are taking because you won't necessarily be privy to the info at the moment

[izzywhizzyletsgetbusy]

You'll find the information you need to make a complaint against the police here: //www.ipcc.gov.uk

Please understand that it would be premature for your DH to make any complaint against the investigating/arresting officers and/or your police authority at the present time.

From what you have said, I assume that the police arrested your DH 'on suspicion of' (presumably) assault and that he was unconditionally bailed to report back to the police station today. Is that the case?

Did your DH call a solicitor, or was he interviewed in the presence of a duty solicitor while he was in custody?

It is unfortunate that the original samples have allegedly been lost, and that your DH has had the humiliation of givng more 'donations' coupled with an unnecessary delay before he knows the outcome.

Provided that the DNA test exonerates him, your DH will not be formally charged. But this leaves the question of disposal of the samples, and what be may be recorded/revealed should your DH require a CRB check at a future date.

It's not surprising that your DH is feeling 'fragile'. Being wrongfully arrested is traumatic, and I would advise that your DH makes an appointment with his GP in the near future to record and relieve his feelings, and to obtain any medical help (i.e pharmaceutical drugs) he may need to 'calm his nerves' - I use this term euphemistically because, depending on your DH's general outlook on life, he may find himself looking over his shoulder for a very long time to come.

It wouldn't be at all surprising if you also feel in need of some 'treatment' after being present when your DH was summarily arrested and escorted out of your home, but it is important for you to understand that any complainant in this matter is your DH rather than yourself.

If you haven't done so already, I would strongly advise you to secure the services of a solicitor who specialises in criminal law in the event that this matter is not concluded next week, and who can
advise in the matter of a formal complaint at some time in the not too distant future.

I'm extremely sorry that you have both undergone this unfortunate ordeal. Insofar as your neighbours are concerned, there are always those who maintain that there is no smoke without fire. You now know better, and no doubt the karmic wheel will ensure that their turn will come.

Hold your head up because you have done absolutely nothing to be ashamed of, and I hope that the eventual relief of being exonerated will not be sufficient for you or your DH to conclude that nothing further should be done to right this wrong.

[VivaLeBeaver]

But lineups take a long time to sort out. They have to find 9 other men of similar features, it can take weeks. Most partners will provide an alibi, it doesn't mean its the truth. If the police never arrested anyone whose partner swore they'd been with her all day there would be a lot of criminals running about getting away with all sorts.

Although they sound a bit arsey I don't think its wrongful arrest. They had a description, they arrested someone who fitted teh description who wasn't very forthcoming to them. They will not conduct an investigation to see whether to drop the charges or not.