At our firm, we regularly handle cases where police officers exceed their legal authority—particularly in the use of search powers. One recent case highlights how vital it is for individuals to understand their rights, and the importance of holding police accountable when those rights are violated.

In December 2022, our client was stopped by an officer after their rear wheel went over a kerb while turning. What should have been a routine encounter quickly escalated. The officer issued a Section 59 Police Reform Act warning and carried out standard vehicle and PNC checks. The vehicle was registered to our client, was fully insured, and the officer appeared satisfied with their identity.

Despite this, the officer began asking questions about the purpose of the journey—questions the client had no legal obligation to answer. The situation escalated further when the officer requested photo ID. Our client did not have any on them at the time but presented a bank card bearing their name, which matched the vehicle registration information.

The officer refused to accept this as sufficient identification and attempted to require our client to submit to a fingerprint scan. Believing the officer lacked lawful authority, our client lawfully refused.

Rather than de-escalating, the officer arrested them for driving without due care and attention, claiming the arrest was necessary to verify his identity—despite already having ample proof.

During the arrest, the officer used force to search both the client and their vehicle. Nothing incriminating was found—only further confirmation of identity. The officer then attempted to apply handcuffs. Our client resisted, believing there was no lawful basis for the force being used. A struggle followed, during which the client was brought to the ground and restrained. They sustained minor injuries to their wrists, hands, and ankles.

Our client was taken to Bromley Police Station, where the issue of identity was resolved simply by asking them their name and address. They were released shortly after. In total, they were detained for approximately three hours.

We lodged a formal complaint against the Metropolitan Police, which was partially upheld. It was found that:

• The search of the vehicle was unlawful, as there was no indictable offence.

• The search of the person was not justified, as they presented no danger.

Despite the relatively modest value of the claim, the case dragged on—possibly in the hope that our client would walk away rather than pursue the matter in court. We didn’t back down. We issued proceedings and ultimately secured a settlement of £6,450 from the Metropolitan Police.

This case is a clear reminder that arrest and search powers must be exercised lawfully. Police officers are not above the law, and individuals have the right to challenge misconduct. Knowing your rights is the first step; taking legal action when those rights are violated is the next.

If you believe you’ve been unlawfully stopped, searched, arrested, or detained, you may be entitled to compensation. Our Actions Against the Police team specialises in holding the police accountable and protecting the rights of individuals just like you. Either call us or use the contact us form below.

Find out more about your stop and search rights on our dedicated page on this subject.