A friend of mine is in trouble :(

this all sounds like total nonce-sense to me

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B@
 
Haggisman said:
So if a copper turned up at your door out of the blue one day and told you they thought you'd been up to no good and they were taking your stuff, you'd be fine with it? Because personally I'd be ****ing furious.
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What the? That is not what I said is it?

Of course I would be furious, but it is NOT theft. It is not dishonest, the police need a warrant to get your stuff, and if you are innocent you get it back.
 
Mr Men said:
Why would they need a warrant to seize the stuff if they believe it is evidence?
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Are they allowed to seize anything they say they believe is evidence?

"Excuse me sir, that nice Ferrari you have on your drive, I think that may be evidence, along with that lovely Rolex you're wearing. That 50" TV is nice too, er... did I say nice? I meant suspicious, we're going to have to take it all I'm afraid!"

Woden said:
What the? That is not what I said is it?

Of course I would be furious, but it is NOT theft. It is not dishonest, the police need a warrant to get your stuff, and if you are innocent you get it back.
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In exactly the same condition as they took it?
 
wannabedamned said:
Would it be any different if he gave up a lot voluntarily? for instance, he said to me he let them into his house, The police refused to give a reason why initially. Took him into the kitchen away from his mother and then explained the situation.

Its quite possible he gave up his stuff voluntarily? Would that get around them needing a warrant, etc. (I've never actually asked him about this)
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I don't know exactly but I believe yes, I know a lot of things police do you can refuse without grounds. People just let them as they assume they're allowed to do anything.
Don't quote me on this but I thought they weren't allowed to enter your property if you refuse unless of course they have a warrant or think your being murdered etc.

It's not going to help in making you look innocent if you refuse though is it, so if it were me, I'd probably let them in through confusion, but at the same time it's a double edge sword as they should be able to just take you stuff.
 
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Haggisman said:
Are they allowed to seize anything they say they believe is evidence?

"Excuse me sir, that nice Ferrari you have on your drive, I think that may be evidence, along with that lovely Rolex you're wearing. That 50" TV is nice too, er... did I say nice? I meant suspicious, we're going to have to take it all I'm afraid!"
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Off course they can, if they believe it's evidence in a criminal case.
 
Mr Men said:
Off course they can, if they believe it's evidence in a criminal case.
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And under what grounds could they believe a PS3 or 360 (neither of which have the ability to take pictures without external hardware) are evidence in this case?

I can understand the phone, but I'd be wanting the SIM card out.

I'd also be cloning hard disks/memory sticks and taking detailed photos of the condition.
 
Haggisman said:
Are they allowed to seize anything they say they believe is evidence?

"Excuse me sir, that nice Ferrari you have on your drive, I think that may be evidence, along with that lovely Rolex you're wearing. That 50" TV is nice too, er... did I say nice? I meant suspicious, we're going to have to take it all I'm afraid!"
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They need a warrant. They have to be able to give enough evidence to prove the seizure could lead to more evidence on the case. They don't just show up willy nilly and take stuff.

Haggisman said:
In exactly the same condition as they took it?
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Usually the tests are non destructive, but obviously not always. But this is what compensation is for.

The alternative is for the police not to have the tools they need to gather evidence. That wouldn't work to well would it?

Haggisman said:
And under what grounds could they believe a PS3 or 360 (neither of which have the ability to take pictures without external hardware) are evidence in this case?
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I would assume its simply as they have storage space. If the guy has the same dodgy pics on his PS3 as have been shown around on FB, even if the PS3 cant get them onto FB, its evidence he has the images.
 
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Woden said:
They need a warrant. They have to be able to give enough evidence to prove the seizure could lead to more evidence on the case. They don't just show up willy nilly and take stuff.



Usually the tests are non destructive, but obviously not always. But this is what compensation is for.

The alternative is for the police not to have the tools they need to gather evidence. That wouldn't work to well would it?
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Well as long as once they've realised their mistake and let you go, they straight away provide you with your belongings back, in the same condition (or new replacements), with all data intact, I'm cool with that. However unfortunately I can't help but feel this isn't the case, and that OP's friend is now going to be without phone & consoles for however many months it's going to take to get this sorted out.

With regards compensation - that's fine if they happen to damage the hardware, but you can't buy back photos, videos, savegames etc. with compensation...
 
Haggisman said:
And under what grounds could they believe a PS3 or 360 (neither of which have the ability to take pictures without external hardware) are evidence in this case?

I can understand the phone, but I'd be wanting the SIM card out.

I'd also be cloning hard disks/memory sticks and taking detailed photos of the condition.
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360 and PS3 can access Facebook.
 
Haggisman said:
Are they allowed to seize anything they say they believe is evidence?

"Excuse me sir, that nice Ferrari you have on your drive, I think that may be evidence, along with that lovely Rolex you're wearing. That 50" TV is nice too, er... did I say nice? I meant suspicious, we're going to have to take it all I'm afraid!"



In exactly the same condition as they took it?
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For certain offences they may seize stuff like that under the proceeds of crime act. It's not applicable here but worth noting.

Woden said:
They need a warrant. They have to be able to give enough evidence to prove the seizure could lead to more evidence on the case. They don't just show up willy nilly and take stuff.
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Warrant often not required: http://www.legislation.gov.uk/ukpga/1984/60/section/32
 
Advice to OP.

Stay well clear of any ongoing investigation, do not get involved, let it run it's course and if your friend is innocent, he will be release without charge.

Let his solicitor deal with it and DON'T get involved other than being supportive of your friend at what is obviously a difficult time for him.
 
booyaka said:
Advice to OP.

Stay well clear of any ongoing investigation, do not get involved, let it run it's course and if your friend is innocent, he will be release without charge.

Let his solicitor deal with it and DON'T get involved other than being supportive of your friend at what is obviously a difficult time for him.
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yeah, he sent me a text earlier.

"will you keep me up to date with my account"

My reply

"Course I will matey, A friend of mine says we need to leave accessing your old account alone though, as its evidence isnt it. So I will"

His reply

"Whats best thing to do now then? As I really dont know what to do?

My reply

"Nothing mate, Just let the police do their job, we can report the account if it comes up again as active, but if we try and do more than that ourselves we could do more harm than good"



Thats it so far, just feel sorry for the guy. As he really has enough on his plate already, without this crap :(


Also when i said a friend, I meant OCUK forums :D I'm too cool to let my real life friends know I use the likes of a forum :cool::o
 
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