Police Trespassing Claim
Have you been a victim of police trespass? You could be entitled to a formal apology and compensation. Find out today if we can help.
While the majority of UK police officers serve and protect the UK public every day, there are some officers who act unlawfully, unfairly and negligently. Police in the UK have the power to perform certain functions that other citizens cannot, in order for them to carry out their duties. However, there are certain things that are prohibited by law, one of which is entering someone’s property without proper reasoning.
If you believe the proper procedure was not followed when police entered your property, they may have been trespassing. If so, you may have a valid Police Trespassing compensation claim. Our expert panel of Actions Against The Police solicitors will be able to tell you if you have a valid claim for compensation.
Police officers and other state officials do have the power of entry, which gives them the right to legally enter vehicles, businesses, land, and other properties under certain circumstances. Reasons for entering property vary, but the most common ones are collection of evidence, searching the area or premises, and confiscating relevant things.
Nevertheless, with the number of separate powers of entry now totalling to more than 900, determining police limitations can be confusing. So, it’s a good thing that our panel at ClaimExperts.co.uk have extensive knowledge and experience in police trespassing.
If you believe you’re a victim of police trespassing, allow our expert panel to help you understand what trespassing means and what you can do to counter the violations the police committed by trespassing on your property.
What is trespassing?
When a police officer enters your home, property, or land without lawful consent and your permission, they are committing trespass. Although it is not a criminal offence, you can sue the officer for violating lawful authority. They won’t be arrested or serve any jail time, but you can receive police trespassing compensation from them as payment for the damage their act caused you.
You need to prove that the police officer trespassed onto your property. In order to receive compensation, you also need to submit evidence of any damages you suffered as a result of the trespass, including any medical bills due to anxiety or emotional distress. Depending on the strength of your case, an honest and well-constructed letter about the incident will suffice and you may not have to go to court.
Even if you do not own the land and are only renting the property that the police officer broke into, it is still your right to uphold the “no trespassing” law. You don’t even have to be present when the trespass happened; you just need to prove that you have an exclusive right to the land or property.
Can the police search my house?
Generally, the police are not legally authorised to enter your home or property without your consent. There are certain instances, though, where they are allowed to go inside your property - any property - without a warrant:
- When they need to settle a dispute or disturbance
- When they are in pursuit of a party that is alleged to have committed or plan to commit a major crime
- When they need to carry out an arrest warrant
- When they hear someone asking for help, or someone in distress
- When the homeowner or occupant freely invites them in
There are other statutes in UK law that provide a police officer the authority to enter different types of properties.
When do police have a right to enter?
Police can enter the premises without permission if waiting for a delayed warrant will jeopardise the life, property, and/or finances of one or several citizens. A common example of this is when and if evidence is about to be taken away or destroyed.
There are statutes that allow police authorities to enter and search properties, including vehicles, without a warrant. Although evidence collected from such circumstances will still be examined by the courts, they are considered legal and will be admitted as evidence in a court.
With a search warrant, the police can enter and search your home, but only on one occasion. They are also allowed to exercise force to a reasonable extent to enter the property. If the action results in damages, the homeowner or occupant is responsible for having them repaired.
Entering into and searching a house that later on proves to be the wrong address will hold the police responsible for any damage their action causes.
When police are trespassing
Police officers often use certain tactics to force and demand you to allow access into your home. These are the most common ones:
- Telling you that your neighbour complained about hearing you shout at or argue with someone
- Claiming that they need to talk to you about allegations or complaints made against you (but you know of none)
- Telling you that they believe cannabis is kept somewhere in your property (even if there is none and you do not use it)
- Demanding that you let them in because they want to ensure you are safe and okay
- Your actions are suspicious and they want to know why
- They believe that you are hiding a criminal who happens to be your relative
- They won’t tell you what their reason for entering is but they threaten to arrest you if you do not give them permission to go in
- They are there to assist bailiffs about to collect your goods
- Telling you that there was a breach of peace, but that it stopped the minute they arrived
- They will tell you that you are guilty of committing a summary only offence (less serious than other offences - do not allow the police if this is the case; they need to present a warrant to arrest you)
How Can ClaimExperts.co.uk Help?
If the police forced entry into your home or property unlawfully, you could be eligible to claim compensation for the distress, anxiety, and damage the incident cost you. Work with our panel of expert Actions Against The Police solicitors at ClaimExperts.co.uk.
Check your eligibility today by using our free to use enquiry form.
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