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The Police and Your Civil Rights

By: Garry Crystal - Updated: 16 Oct 2017 | comments*Discuss
 
Civil Rights Police Legal Suspect

Awareness is one of the best deterrents when it comes to the police and avoiding the abuse of your civil rights. Making it known to the police that you are aware of your rights should make them more cautious when it comes to your rights.

The Police and your Rights

The police do have the right to exercise certain powers when it comes to dealing with suspects but these powers must be exercised responsibly. On the whole the police will act responsibly but there have been many cases of the police abusing the rights of suspects. The police are not above the law and there can be legal consequences if citizen’s rights are abused. The police can be sued, disciplined or even prosecuted if they infringe or abuse the rights of members of the public.

Citizen’s Rights

When confronted with the police many people will unknowingly waive a number of their civil rights. This is usually due to the fact that a great number of people are simply not aware of their basic civil rights. It may also be the case that when confronted with the police many people will simply do as the police ask. For some people the police are often imposing and even intimidating figures of power. The police represent the government but the government also acts for its citizens, and there is legal protection in place when it comes to citizen’s rights.

Know your Rights

It will be beneficial to be aware of your rights when it comes to dealing with the police, regardless of the situation. The police are less likely to break any of your civil rights if you make them aware that you do actually know what your rights are. For instance you can refuse to answer any police questions until you have taken legal advice. A number of people will simply waive this right as soon as they are questioned. If a member of the public has not been cautioned by the police then they are under no obligation to answer any police questions.

Co-operating with the Police

It will always be the best policy to co-operate with the police when they initially question you. If they ask for personal details such as your name and address then these should be given. If the police have stopped you with the intention of proceeding with a search then you do have the right to know the reason for the search. The police cannot search a member of the public without reasonable suspicion. If the police cannot give a valid reason then they should not continue with any search. Reasonable suspicion is not necessary if the suspect is in a designated stop and search area.

Codes of Practice

The powers and rights of the police are laid out in various codes of practice. The Police and Criminal Evidence Act 1984 (PACE) and the codes of practice contain all of the rights and powers of the police. The Pace act covers the rights of the police and the suspect when it comes to issues such as stop and search, and arresting, interviewing and detaining suspects. Any breach of these codes or the suspect’s rights can mean legal consequences for the police.

Enforcing your Rights

If your feel your civil rights have been infringed or abused by the police in any way there are a number of options open to you. Complaints against the police can be made to the Independent Police Complaints Commission (IPCC). You can also make a complaint directly through your local police station. If your grievance is serious enough you can sue the police but this option should not be considered without taking expert legal advice.

Human and civil rights are in place to guarantee protection from abuse and any breach or infringement of these rights is a very serious matter. The police are not above the law and they can face the same legal consequences as any other member of the public if they do abuse the civil rights of any citizen. Read further for more information about what happens if you are detained by the police.

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[Add a Comment]
My friends son has recently had an allegation of sexual assault against him and because she has a child at home she has been told he cannot be in her home this has been going on for a couple of weeks now with no word from the police is this acceptable as he says this is just someone with a grudge and he has not done anything
Rar - 16-Oct-17 @ 9:34 PM
Ellen - Your Question:
My ex's wife has been receiving messages about my ex and me via social media. They have gone to the police and they said they will investigate. I received an email from a PC stating that she wanted to know if I know who is sending these messages because they amount to harrasment. Then she went on with the following quote ; "I would also like to request that you do not contact Adam or any of the Smith family either in person or by any third party and by any method of communication, continuing to contact them in any way may mean that further action may be taken against yourself for any offences."Obviously I had contact with my ex (he wasnt my ex until about 12 hours prior to the PC's email) and I had sent a message of apology to his wife that day. I feel confused (am I a suspect? Why am I not allowed to contact them?) and intimidated (action will be taken against me for any offences) I have 2 questions; if I am a suspect, would the PC not have to inform me of this fact and secondly, is this PC allowed to warn me like this when I have done nothing to warrant a threat of actions being taken against me.? Thank you for your help.

Our Response:
Why not ring up and ask the PC to elaborate and clarify things for you?
CivilRightsMovement - 16-Oct-17 @ 10:46 AM
My ex's wife has been receiving messages about my ex and me via social media. They have gone to the police and they said they will investigate. I received an email from a PC stating that she wanted to know if I know who is sending these messages because they amount to harrasment. Then she went on with the following quote ; "I would also like to request that you do not contact Adam or any of the Smith family either in person or by any third party and by any method of communication, continuing to contact them in any way may mean that further action may be taken against yourself for any offences." Obviously I had contact with my ex (he wasnt my ex until about 12 hours prior to the PC's email) and I had sent a message of apology to his wife that day. I feel confused (am I a suspect? Why am I not allowed to contact them?) and intimidated (action will be taken against me for any offences) I have 2 questions; if I am a suspect, would the PC not have to inform me of this fact and secondly, is this PC allowed to warn me like this when I have done nothing to warrant a threat of actions being taken against me.? Thank you for your help.
Ellen - 13-Oct-17 @ 8:46 AM
X234 - Your Question:
Hey I was involved in a strange situation last week. I was out with friends drinking and got too drunk and cannot remember getting into what I thought was a taxi but turned out was not I got destrssed as the man from what witnesses told me would not let me out of the car they called the police even though I got out with their help and did not want police involved they turned up took my details and I got a taxi home I advised that night I wished to take it no further and just wanted to get home. They are now requesting I come make a statement to say I don't wish to take it further but I'm worried they will try charge me for being drunk can that happen ? Thanks

Our Response:
They won't charge you. They're probably trying to keep other women/girls safe from this person by getting some more information from you and making sure you definitely don't want to press charges now that you're sober.
CivilRightsMovement - 26-Sep-17 @ 12:24 PM
Hey I was involved in a strange situation last week. I was out with friends drinking and got too drunk and cannot remember getting into what I thought was a taxi but turned out was not I got destrssed as the man from what witnesses told me would not let me out of the car they called the police even though I got out with their help and did not want police involved they turned up took my details and I got a taxi home I advised that night I wished to take it no further and just wanted to get home . They are now requesting I come make a statement to say I don't wish to take it further but I'm worried they will try charge me for being drunk can that happen ? Thanks
X234 - 24-Sep-17 @ 5:17 PM
asc - Your Question:
Me and a friend are cat breeders, we agreed to do a deal and exchange cats to better our programme, we been planning this for two years. She let me take her cat and I agreed to allow her a female breeder when one available. She has now changed her mind after asking for some updated photos, leaving my programme out of money, the cat has bonded with the rest of mine, I am willing to see my side of the deal through, but now she has cut contact and called the police on me. Where do I stand on this ?

Our Response:
If you can prove that a contract existing (even if not written down), you may be able to take action for breach of contract. You will have to be able to prove that you/your business has made losses as a direct result of this capitulation. It might be worth seeking advice of a legal professional.
CivilRightsMovement - 19-Sep-17 @ 12:28 PM
Me and a friend are cat breeders, we agreed to do a deal and exchange cats to better our programme, we been planning this for two years.. She let me take her cat and I agreed to allow her a female breeder when one available. She has now changed her mind after asking for some updated photos, leaving my programme out of money, the cat has bonded with the rest of mine, I am willing to see my side of the deal through, but now she has cut contact and called the police on me . Where do I stand on this ?
asc - 17-Sep-17 @ 5:25 PM
My partner and I arrived home the other day to find a notice of the powers to search premises and the rights of occupiers.The statutory power under police and criminal evidence act 1984 and codes of practice. And with the section 17 box ticked?What does this mean and does it mean they are coming back.
Stressedwoman - 6-Sep-17 @ 8:54 PM
Ceb - Your Question:
My husband is a sole tenant. Marriage has. Broken down he left the home 5 weeks ago voluntarily. I have occupancy rights by law. He wants to return to the property. Legally I cannot stop him. He cannot remove me either. He called the police to remove me. The police bargained with me to let him return for a week and I leave. I felt pressurised into agreeing as I had no choice so that he and they would leave. It all got too much for me so I verbally agreed. I reported this to my already crime report number later that day. He is coming today again with the police to have me removed. I have tried to be amicable and have agreed he can return while we sort things out, although not as my husband. I have no where to go. I live here with my daughter and his daughter both aged 20. They do not want to be involved. Can the police make me go?

Our Response:
Even though your husband is the sole tenant, if you invested time or money into the property (including bringing up children), you may be able to prove an "interest" in the home. You may need to seek advice from a solicitor in order to apply for an occupation order. As we don't know how long you shared the property and whether you have any children together etc, we can't really advise. If you can't afford a solicitor, try Citizens' Advice who may be able to find you some free legal help.
CivilRightsMovement - 23-Aug-17 @ 10:06 AM
Bee - Your Question:
I recently sent off to DVLA to update my address and photocard very belatedly. I received a letter back informing me my licence had been revoked the previous year without my knowledge. Apparently when I reported a crime I was the victim of, a police officer who spoke to me on the phone then called DVLA to revoke my licence. Driving was not part of the crime which was theft from my bank account but I had mentioned I had Aspergers do he decided I should not be driving. I had held a full clean licence with no points or stops for 12 years before being diagnosed so my consultant said it clearly didn't adversely affect my driving, more likely making me a safer driver. One 50/50 accident in 2006 on a roundabout. Driven about 100 000 miles here and in France. No criminal record whatsoever, nor ever questioned about a crime. No mental or physical health issues except the Aspergers. I am a professional in the same job for almost two decades and I'm a graduate yet the officer who spoke to me has suggested I'm mentally challenged in some way. Can't get DVLA to tell me the exact allegations but GP has confirmed he wasn't contacted and written a letter of support which DVLA has rejected. He's been my GP for 21 years. He is flabbergasted, as am I. Devastating and completely unjustified. Any ideas please on how to proceed?

Our Response:
Gosh that's a complicated one. Legal advice would be our best suggestion to be honest. You need to take the DVLA to task over this...they should not revoke a licence on medical grounds on the strength of one phonecall from somoenbe who's never even met you. It's really not clear which conditions you are compelled to tell the DVLA about and which ones you must tell them about it you think it will affect your driving. See this page which mentions aspergers but merely says "You must tell DVLA if you have Asperger syndrome and it affects your driving".
CivilRightsMovement - 22-Aug-17 @ 2:37 PM
Whatever - Your Question:
My friend got a visit off a company with a civil warrant. Can the police get involved on this kind of warrant? She refused the company entry so they called the police the police asked hers to open the door so the company could gain entrance again she refused the police officer then started threatening us if we didn't open the door they would open the door with the big red key (battering ram) they did this is this legal? Also they twisted something she said and said she was threatening to take her own life so used that as the final reason for entering the house with the battering ram. Once they gained access she was threaded with arrest for breach of the peace of she did not move out of the way to give the company access is this all legal she recorded most that was going on because she was in gear for her own safety

Our Response:
You haven't said what the warrant was issued for etc, so it's difficult for us to comment, sorry.
CivilRightsMovement - 21-Aug-17 @ 11:44 AM
My husband is a sole tenant. Marriage has. Broken down he left the home 5 weeks ago voluntarily. I have occupancy rights by law. He wants to return to the property. Legally I cannot stop him. He cannot remove me either.He called the police to remove me.The police bargained with me to let him return for a week and I leave. I felt pressurised into agreeing as I had no choice so that he and they would leave. It all got too much for me so I verbally agreed. I reported this to my already crime report number later that day. He is coming today again with the police to have me removed.I have tried to be amicable and have agreed he can return while we sort things out, although not as my husband. I have no where to go. I live here with my daughter and his daughter both aged 20. They do not want to be involved. Can the police make me go?
Ceb - 21-Aug-17 @ 6:37 AM
I recently sent off to DVLA to update my address and photocard very belatedly. I received a letter back informing me my licence had been revoked the previous year without my knowledge. Apparently when I reported a crime I was the victim of, a police officer who spoke to me on the phone then called DVLA to revoke my licence. Driving was not part of the crime which was theft from my bank account but I had mentioned I had Aspergers do he decided I should not be driving. I had held a full clean licence with no points or stops for 12 years before being diagnosed so my consultant said it clearly didn't adversely affect my driving, more likely making me a safer driver. One 50/50 accident in 2006 on a roundabout. Driven about 100 000 miles here and in France. No criminal record whatsoever, nor ever questioned about a crime. No mental or physical health issues except the Aspergers. I am a professional in the same job for almost two decades and I'm a graduate yet the officer who spoke to me has suggested I'm mentally challenged in some way. Can't get DVLA to tell me the exact allegations but GP has confirmed he wasn't contacted and written a letter of support which DVLA has rejected. He's been my GP for 21 years. He is flabbergasted, as am I. Devastating and completely unjustified. Any ideas please on how to proceed?
Bee - 20-Aug-17 @ 10:36 PM
My friend got a visit off a company with a civil warrant. Can the police get involved on this kind of warrant? She refused the company entry so they called the police the police asked hers to open the door so the company could gain entrance again she refused the police officer then started threatening us if we didn't open the door they would open the door with the big red key (battering ram) they did this is this legal? Also they twisted something she said and said she was threatening to take her own life so used that as the final reason for entering the house with the battering ram. Once they gained access she was threaded with arrest for breach of the peace of she did not move out of the way to give the company access is this all legal she recorded most that was going on because she was in gear for her own safety
Whatever - 17-Aug-17 @ 2:34 PM
My 15 year old son was taken to the police station and asked to give a statement about his girlfriend's statement can the police interview him without my agreement
Kristy - 10-Aug-17 @ 10:46 PM
Ls - Your Question:
My son received a court summons ,it said he was searched at a music eventand police found a small bag of cocaine and 4 pink tablets and was escouted of the premises. My son did attend this musical event ,but was not searched or questioned by the police,and did see police escort an acquaintance of the premises.Is it possible for this acquaintance to have given my sons details.

Our Response:
It sounds as though this is the case. Seek professional legal advice.
CivilRightsMovement - 8-Aug-17 @ 2:41 PM
My son received a court summons ,it said he was searched at a music eventand police found a small bag of cocaine and 4 pink tablets and was escouted of the premises. My son did attend this musical event ,but was not searched or questioned by the police,and did see police escort an acquaintance of the premises.Is it possible for this acquaintance to have given my sons details.
Ls - 7-Aug-17 @ 11:41 AM
My son was out with friends and had a lot to drink, while he was in the toilets being ill a person know to one of his friends verbally religiously racially abused another man. Yesreday the police contacted my son by phone and asked him to come in for an interview and told him that if he didn't come in voluntarily he could be arrested. He says he doesn't know anything about it as he wasn't there at the time and has agreed to go in as he wasn't involved. The fact that they have threatened him with arrest if he doesn't go in voluntarily surely means that they are planning to do so when he gets there and he's convinced he's safe to go on his own for a "chat"
Worriedmum - 30-Jun-17 @ 5:35 PM
MrsM - Your Question:
My husband is a director of a company which a customers is in a dispute with. This is a civil matter, however the police were involved by the customer. What are my husbands rights with regards to the police and being a civil matter can they arrest anybody?

Our Response:
It depends what the crime is? If it's a civil matter the police will not get involved.
CivilRightsMovement - 28-Jun-17 @ 2:37 PM
My husband is a director of a company which a customers is in a dispute with. This is a civil matter, however the police were involved by the customer. What are my husbands rights with regards to the police and being a civil matter can they arrest anybody?
MrsM - 27-Jun-17 @ 4:40 PM
Christina- Your Question:
I have recently had an excluded occupier try and gain entry to my property, she was on camera, my body guards where there, however her parents showed their badge and threatened to arrest my security team. I have video evidence of all of this as I was on holiday, however, the police came and took my cctv. The excluded occupier changed the locks with a lock smith after trying to climb in through a window. Because my formers friend parents are Polk e officers I believe be police who where called on the day where biased. I have of course made complaints etc but how can my evidence be used? Even though my security team had a key to gain entry the police told me (the hardrive has not been logged so they don't know where it is) but also the footage could be used against me or my security team!? Is this correct?! Any help on this matter I would really appreciate :)

Our Response:
There is too much detail here for us to be able to comment effectively. You would be bette to seek advice from a solicitor.
CivilRightsMovement - 6-Jun-17 @ 2:04 PM
I have recently had an excluded occupier try and gain entry to my property, she was on camera, my body guards where there, however her parents showed their badge and threatened to arrest my security team. I have video evidence of all of this as I was on holiday, however, the police came and took my cctv. The excluded occupier changed the locks with a lock smith after trying to climb in through a window. Because my formers friend parents are Polk e officers I believe be police who where called on the day where biased. I have of course made complaints etc but how can my evidence be used? Even though my security team had a key to gain entry the police told me (the hardrive has not been logged so they don't know where it is) but also the footage could be used against me or my security team!? Is this correct?! Any help on this matter I would really appreciate :)
Christina - 4-Jun-17 @ 8:34 AM
The police knocked at my door yesterday saying they see me driving the car the day before on the phone ( they were on foot) and told me to put the phone down and I refused and stuck my middle finger up and drove off they took the number plate down and got my address ( which is about 150 yards from where it took place) it wasn't me as I'm not insured in the car I have a work van and the car is registered to my wife who was away they have given me a £90 fine for the middle finger and a court summons for the phone situation what do I do as they wouldn't listen to me at the door
Hardyr - 29-May-17 @ 11:08 AM
I need help asap Please excuse the length of the story but I have to write it all for you to get a understanding . Many years ( I am 40 now ) When I paretnts split up my mother ( bad mum ) took up with a new fella( a police man ) He was split from his wife and had 4 kids . He moved in with my mum in a small flat where me , my mum and her boyfriend at the time . I was 7 at the time . Later his kids moved in and I soon one of his kids who was older than me started to sexual abuse me , this went in for many years .i couldn't speak to my mum about it or anyone else , my dad wasn't around . This went on till I was 14 , finally he moved out the house and I it stopped thankfully . When I was 16 it finally came out . Now this is where it gets had to explain ........ To put you in the picture I was a very immature 16 year old and very naive to stuff . My sister in law at the time I told her she told my big brother and he told my mum 1992 There was this huge massive arguement about everything then I remember ( although I wasn't there or police been called ) Two men turned up at the door I fully dressed and not in uniform. My mum stayed in the kitchen and o was in the living room giving statement to the so called police on duty my step father now , he sat in on the interview ( it was his son that did the abuse ) Later it expired that he was olso abusing his own younger brother , Later in that evening my real big brother went to his house and gave him a healthy kicking , my brother went down to the police to hand himself in as he didn't want the abuser to go and grass him up . When he was at the station he saw the police man that interviewed me ,he explained what he done and the policeman just said , it's ok don't worry about it and sent him away . Many years had pasted , I had a lot to deal with and I was mentally affected with it all , that much I was in medication for the rest of my life , I was always trying to take my own life , I went in to drugs , I ended up in a bad relationship with it ended up all about sex and sex group , it went on and on . Throughtout all this time my relationship with my mum and step father was always up and down , she was this now policeman wife the retired pilicemans wife , she didn't smoke , didn't drink gamble , she went to church , things like that . She was full with aires and graces .. I came out that bad relationship and ended up in a good one , I have been with my partner for 14 years nowbut 3 years ago I had a break down and I ended up sectioned in a mental hospital , I went missing when I was overdosed and I was mentally unstable that's why I ended up sectioned . I never got help with the abuse , I just went on tables for most of my life for depresssions and things like that . When I was in hospital stuff came out about the abuse and it was time to deal with it I was 37 then . I contacted police hq to get a copy of the report as a lot of the stuff I forgot about
Grant - 17-May-17 @ 9:04 PM
Pj - Your Question:
Can cops use civilians to keep in or eye on the contact with the house or people who. Live there. What can I do to sue them or get hassment charges on them

Our Response:
This is not a common practice as far as we know. If you feel you are being harassed by the police, seek legal advice.
CivilRightsMovement - 5-May-17 @ 1:50 PM
Can cops use civilians to keep inor eye on the contact with the house or people who. Live there. What can I do to sue them or get hassment charges on them
Pj - 5-May-17 @ 8:37 AM
The police in Scotland are the worst.Been unlawfully detained/stopped and searched over 30 times, sometimes under sections of the law that do not exist.There is no recourse for victims of racist barbarity by Police Scotland.
Leon - 1-May-17 @ 2:07 AM
Somebody is entering my house. I suspect the police. my forst and second wives both had affarid with police officers, one admits it, and say the other did too, the other denies it, but she called the police on me when we were married, but nohitng happened to me. After that i had a live in girlfreidn for a while, an eastern european. She told me she was approacehed by the police, wo told her i was some kind of master criminal and wife basher and general baddie. she told me right away, i told her about my first and second wives, and she told me things that that happen in the eastern block an ex socirt countries. y new wife has been approached by people trying to mke fraindss tt e suspet are officers. Our phones and computers are continualy hacked. when we get pple to fix them, a mysery viitor comes to the house. we have padlocked our internal doors and and changed the fornt dor locl. who ever visits leavees the front door open, and the paslocks on the ground. they never steal aything. I has some lodgers, and the wife of the lodger starting aking personal quesiton sot my wife, and it worried her. i eventually threw them out, but had to call the piolice to help. the black and white police came and were helpful. when they were pcking their truck, i notieced two peple helping them. the man a tall blond, was once spotted by me at distance appearing to come out of my path, and an old flat mate also told me of a blond tall man. i was told a man odf thi descroption used th etoilet when they were moving. today, my wiofes phone could not ocntat mine. she was urgently calling to say she has come home, and the fornt door was wide open, and the pdlocks were off the bedroom and offic edoors. we had just clened the apple mac out yesterday of all th ebugs and virus we could find. What do I do? i cant afford clandesrtine CCTV and the like. for year they seem to have tried to unde rmine both my marrriages and love reltionships as well as my employment. if I didnt have these contacts wierd problems, that i dont know baout until years later, ( i didint know about my wifes affair with her policeman until she admitted it and it h gone on for over year, she said i was danger it was bizarre, she lives in america now, and told me all this by phne after she left me. the girlfd friend i mentioend above, said the same - this goes on, and I am not imagining it, although i k now ut sounds crazy. Id dont know what to do
Bob - 22-Apr-17 @ 7:40 PM
My sister smokes a joint or 2 for pain relief she has a rare form of arthritis when she call to my house she will smoke this in my kitchen I don't smoke it myself but I don't mind her smoking in my house my annoying next door neighbour is now complaining about the smell of it even tho my sister doesn't do it all the time and now my neighbour is saying that she will ring the police in just need to no were I stand and can the police do anything do I have to let them in or anything
Nikki - 14-Apr-17 @ 1:01 AM
An assistant investigator working for the U.K. Police sent an email to my place of work stating I was a "person of interest" and implicated me in a serious crime, this was implicated by 4 different inclusions within the email. I am not I have never been arrested. This was a knowingly malicious act part of an ongoing vendetta against my partner by the police. This has caused vicious rumours that could endanger my life and certainly will cause major problems for me. Can I sue the person for libel? Thanks
Bosie - 13-Apr-17 @ 10:46 PM
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Latest Comments
  • Rar
    Re: The Police and Your Civil Rights
    My friends son has recently had an allegation of sexual assault against him and because she has a child at home she has been…
    16 October 2017
  • CivilRightsMovement
    Re: The Police and Your Civil Rights
    Ellen - Your Question:My ex's wife has been receiving messages about my ex and me via social media. They have gone to the…
    16 October 2017
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    13 October 2017
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    Dabby - Your Question:Arrested then no further action taken, had to inform my employer and I willingly signed for them to access my police…
    10 October 2017
  • CivilRightsMovement
    Re: Sexual Harassment and Your Rights
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    10 October 2017
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    7 October 2017
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