My client, Ben Jones resided in a leasehold property in Liverpool with his partner and their young son.
In the early hours of one morning in March 2019, Ben was working on his computer in the living room, with his young son asleep on the couch in the living room, whilst his partner was asleep in the bedroom upstairs.
Ben heard a knock on the window at the front of his house and on looking out of the window saw a ‘Matrix’ van and Merseyside Police Officers outside his house. Accordingly, Ben went to the front door and opened it, to find himself confronted by three uniformed Police Officers led by PC Walters.
PC Walters demanded to know if Ben was ‘George Bishop’, and whether George Bishop lived at the address; Ben had never heard of this person, and told the officer this.
At this point in the conversation, Ben was aware that PC Walters had put his foot in the doorway to prevent him from closing it. Ben had initially opened the door half ajar and the Officer’s foot was now over the threshold so that it was clear to my client that any attempt that he made to shut the door would be prevented by the Officer’s foot.
Ben now asked “Can I go now?” to which PC Walters replied “We’re going to be searching this property under Section 18.”
Ben politely replied to PC Walters that he had no idea what a ‘Section 18’ was and asked the Officer to show him the relevant paperwork (as he assumed that some sort of warrant would be required).
PC Walters then asserted that the Police did not require any form of warrant to effect a Section 18 search (which was correct in principle, although incorrect in fact, owing to the fact that this was not George Bishop’s real address).
My client replied by asking the Officer to explain to him, in that case, what a ‘Section 18’ was, to which PC Walters asserted “I have told you we have the power to enter the property.” No further explanation was offered.
Ben now offered to get documentary proof of who he was and that this was his home (ie that he was not George Bishop) however this offer was ignored by PC Walters who then stated “Move out of my way, now!” The Officers forced their way en masse into the house, led by PC Walters.
Ben now found himself being crowded by PC Walters and other Officers in the small vestibule of his house. Behind my client was a door (which was slightly ajar) which lead to the hallway within the house.
My client became aware that the family’s pet dog had been awoken (presumably by the voices of himself and the Police Officers) and had come into hallway.
Ben’s back was pushed up against the inner door by PC Walters. He asked the Officer to let him go so that he could deal with the dog.
PC Walters and other Officers however were becoming agitated and shouting at my client “Deal with the dog! Get the dog under control.”
Ben’s partner had now also been awoken by the noise and had come downstairs into the hallway of the house.
PC Walters now produced a canister and used it to spray the pet dog in the face to Ben’s shock and disbelief.
The Police Officers now pushed Ben through the doorway into the hallway. During this process Ben’s young son, who had been asleep on the couch in the living room, awoke and became hysterical at the sight of strange people in his house manhandling his father.
Ben’s partner then took their dog upstairs, appealing to the Officers to leave, referring to the fact that her son was in the living room, but the Officers ignored this and PC Walters tried to push my client into the living room.
Ben did not want to be taken into the living room because he didn’t want his young son to become further distressed.
PC Walters then dragged Ben outside the property and slammed him up against the wheelie bins situated in the front yard.
As he was taking to Ben outside, PC Walters put a handcuff on my client’s left wrist. Throughout this process, Ben offered no resistance to the Officer, and he was shocked at what was being done to him.
In attempting to put the handcuff on, PC Walters caused my client’s coat to become ripped and then he managed to put the handcuff on Ben’s right wrist as well.
PC Walters then made Ben sit on a seat inside the Matrix van and informed him that he was under arrest for obstructing an Officer in carrying out a Section 18 search.
Ben provided his personal details and confirmed that he had never before been in trouble with the Police.
During the time that Ben was in the van, PC Highland spoke to Ben’s partner inside the house and informed her that ‘George Bishop’ was in Police custody and had given their address as his address. Ben’s partner confirmed to PC Highland that neither she nor Ben knew George Bishop and he had never dwelled at this address.
Ben was then taken to a Merseyside Custody Suite where he was detained for several hours in a cell and experienced ongoing stress and chest pains. Thereafter Ben was interviewed under caution with a Solicitor present and was finally released from Custody almost 15 hours after his arrest.
Ben was subsequently charged with the offence of obstruct/resist a Constable in the execution of his duty. He pleaded not guilty, and the matter proceeded to Trial at Liverpool Magistrates Court where he was quite properly found not guilty.
Merseyside Police initially sought to deny liability. I pressed Ben’s case and eventually the force admitted liability and agreed to pay damages totalling almost £20,000 to Ben and his partner, plus legal costs.
All names have been changed.
Also read: Police Home Trespass: Misuse of Section 18 Powers of Entry.
