The Actions against the Police team have secured a payment of £6,500 in damages for our client following a civil claim brought on behalf of a man who was unlawfully arrested and detained after officers carried out an unlawful search of his home.

The case began when police were called to the man’s home after he reported being assaulted by his ex-partner. By the time officers arrived, he had gone to his mother’s house. Relying on section 17 of the Police and Criminal Evidence Act (PACE), officers forced entry into the empty property.

After remaining in the flat for more than 20 minutes without any lawful reason to be there, officers discovered packages of incense, which they wrongly believed to be drugs. The man was arrested, handcuffed, and detained, despite telling officers at the time that the items were incense.

Claim against the Met police

Duncan Burtwell argued that the search was unlawful once police had ascertained that there was no one there, making the seizure of his property, the arrest, and subsequent detention also unlawful. They sued the Met for trespass to land, trespass to goods, false imprisonment, and assault.

Although the Met denied liability during correspondence, they agreed to settle the case rather than file a defence once legal proceedings began.

A warning about future conduct of the police

Duncan Burtwell described the case as “a good example of a claim arising from officers not properly understanding the law and failing to give people’s property the respect it deserves,” noting that officers had been “wandering around the empty flat for 24 minutes before discovering the incense.”

The £6,500 settlement reflects damages for the unlawful entry, arrest, and detention.