Client CM v Met police – Unlawful Drug Search and Arrest
Police stopped CM on his way home from work one morning in July 2021. He was stopped because of the suspicious way he closed his window on seeing police. There was also supposedly a PNC match between his name (as the registered keeper of the vehicle) and someone with an allegedly similar name who was wanted.
The arresting officer then forcibly removed CM from the car, detained him on the floor and hand cuffed him. 2 minutes and 45 seconds into this the officer informs CM that he is detained for a drug search and then in due course when nothing found, arrested for obstruction.
No further action was taken at the police station, following assistance from MK Law resulting in his not being interviewed and not taking up the kind offer of a caution.
Our client agreed to payment of £11,500 compensation.
Duncan Burtwell @ MK Laws notes
The officer did not have reasonable grounds to conduct a drug search of our client and in any case the officer failed to comply with his legal obligations when carrying out the search. Our client was perfectly entitled to strongly object to the search because it was unlawful. Arresting him for resisting an unlawful search is itself unreasonable and so also unlawful.
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