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The Police walked into my house.

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The Police walked into my house.

Postby TenaciousB » Sat Jun 24, 2017 3:58 pm

I was somewhat taken aback.

2 PCSOs opened my front door and strolled in. I thought they had to be invited in or something? They were there to try to serve a Police Notice on me, nothing more.

Have they contravened any laws by just walking in uninvited? Can I get any redress? I felt intimidated.
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Re: The Police walked into my house.

Postby shootist » Sat Jun 24, 2017 6:07 pm

You can make a complaint against the police and it will be upheld and nobody will give a toss. Keep your doors locked.
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Re: The Police walked into my house.

Postby TenaciousB » Mon Jun 26, 2017 6:24 pm

It seems they have committed trespass. £500 compensation seems to be the going rate.
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Re: The Police walked into my house.

Postby TenaciousB » Wed Nov 15, 2017 1:51 pm

Their defence is that the premises are a bed and breakfast hence they claim I do not have clear and exclusive use of the property.
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Re: The Police walked into my house.

Postby shootist » Wed Nov 15, 2017 3:02 pm

TenaciousB wrote:Their defence is that the premises are a bed and breakfast hence they claim I do not have clear and exclusive use of the property.


If it's a B&B did they enter a communal area such as a vestibule or reception area, or your personal space, i.e. your bedroom? I have heard of police officers insisting that a tenant in a private rented house have no right to prevent their entry because the tenant is not the owner. One should never assume that a police officer, or more so, a PCSO has the slightest understanding of any particular law.

This bloke has an interesting approach.

http://crimebodge.com/get-one-to-one-help-on-police-and-legal-matters-for-just-15/
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Re: The Police walked into my house.

Postby TenaciousB » Wed Nov 15, 2017 3:53 pm

shootist wrote:If it's a B&B did they enter a communal area such as a vestibule or reception area


Yes, but it still belongs to me and the public do not have a right of way over it.

Parliament defines trespass in civil law of "any unjustifiable intrusion by a person upon the land in possession of another." No mention of whether it is publicly accessible. A shop or pub is publicly accessible but you can still be trespassing.
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Re: The Police walked into my house.

Postby dls » Wed Nov 15, 2017 4:11 pm

The term B&B suggests a house in which one or more rooms are licensed out, and that breakfast is served in a communal area to which all have access.
That communal area should be assumed to extend to all areas of the house apart from the rooms let out. As to that area you do not have the right to exclude anybody else.

So, if the PCSO came in through the front door to the comunal area they hav done nothing wrong as against you.

If they come into the house but then come into your private room. Unless that room is shared, that is a trespass. You have an interest in the land which is alternatively defined as you having teh right to exclude others from it. Just who is excluded and subject to what conditions is a matter for the contract with the landowner. The rights may vary from overnight b&bs to long stay homeless substitute accomodation.
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Re: The Police walked into my house.

Postby TenaciousB » Wed Nov 15, 2017 4:35 pm

My argument would be that only actual and potential guests have an implied license to enter the land. No-one else has any right to be inside the property.
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Re: The Police walked into my house.

Postby 3.14 » Wed Nov 15, 2017 4:47 pm

David is correct. I have served Orders to people in the reception area of a hotel and in the dining area too.
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Re: The Police walked into my house.

Postby atticus » Wed Nov 15, 2017 4:54 pm

It seems the opening post may have been misleading.
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