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found guilty but search, seizure and entry unlawful

found guilty but search, seizure and entry unlawful

Postby veritas2409 » Sat Apr 09, 2016 8:58 am

Very unfortuately I was found guilty yesterday. I won't go into the details. However it was accepted the search , seizure and entry at my premises was unlawful. The judge kept going on that I could pursue a civil claim on the basis I had my privacy unnecessarily invaded , suffered financial loss through having no laptop

My question is do I have a open and shut case for compensation or is it a open and shut case that the wholly unnecessary acts that weren't needed for the conviction will now be excused as I'm found guilty. I really don't want to appeal as it is pointless trying to win a case when the alleged victim is a police officer but with total costs of £2250 , which I find way over my expectation, I need to look at everything.Any advice appeciated and please no smart commens
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Re: found guilty but search, seizure and entry unlawful

Postby atticus » Sat Apr 09, 2016 10:00 am

You appear to have a case with reasonable chances. But as you do not go into detay, it is not possible to say more.

There are law firms which specialise in these cases.
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Re: found guilty but search, seizure and entry unlawful

Postby veritas2409 » Sat Apr 09, 2016 10:23 am

ok , so the guilty verdict won't unduly impact it ?
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Re: found guilty but search, seizure and entry unlawful

Postby atticus » Sat Apr 09, 2016 11:05 am

Please explain how you extract that conclusion from what I wrote.
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Re: found guilty but search, seizure and entry unlawful

Postby veritas2409 » Sat Apr 09, 2016 11:43 am

"You appear to have a case with reasonable chances"
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Re: found guilty but search, seizure and entry unlawful

Postby atticus » Sat Apr 09, 2016 12:56 pm

I said that based on your report that the judge considered the arrest and search unlawful.
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Re: found guilty but search, seizure and entry unlawful

Postby veritas2409 » Sat Apr 09, 2016 3:10 pm

exactly , so the question was what effect will the conviction have on it. I would imagine my strongest grounds is the seizure of my devices and the search of my personal information. The professional impact of having no access to key work documents. They will claim the arrest was only techically unlawful , as the only unlawful aspect was that it was done at my premises.
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Re: found guilty but search, seizure and entry unlawful

Postby dls » Tue Apr 12, 2016 10:23 am

Please note that a judge saying it may have been unlawful as a side comment during a criminal trial when that was not a central issue, has no particular significance for a civil judge asked to decide that issue directly.
Just what effect the conviction has will depend on several circumstances. It may not at all be conclusive, but you also really do have to show real measurable damages.
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Re: found guilty but search, seizure and entry unlawful

Postby shootist » Tue Apr 12, 2016 11:14 am

veritas2409 wrote:They will claim the arrest was only technically unlawful , as the only unlawful aspect was that it was done at my premises.


That word 'Technically'! Made worse when preceded by the word 'only'. :evil:

Would you ever be likely to say that a woman is technically pregnant? Were you only found technically guilty? Were you technically ordered to pay costs that were technically £1,200?

Make your claim for unlawful arrest. I think you may have a runner. But for God's sake get someone else, anyone else, to write up the complaint.
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