Academic strip searched = police complaint and PTSD

mmj_uk · 30 Aug 2018 at 15:49

Kurtis had originally recorded Duff’s refusal to give her name as the reason for the search, which is not sufficient legal grounds.

It sounds like jobsworth police who don't know the law to me and just want to exercise their power against anyone who they take an exception to.

But in a motion to have the case thrown out, Nicholas Yeo, representing Howard, argued that the search was justified by Duff’s refusal to cooperate. Her behaviour had given officers reason to fear that she had mental health problems, while her refusal to give her identity meant no search could be made on the police national computer to assess whether she posed a risk.

...so lets change the story in court to her being mentally unstable to justify the illegal search.

I bet the arrest for assault/obstruction were little more than her handing the guy the card against their wishes as well. The police attract people who like power and when people exercise their right to stay silent and don't comply with demands it no doubt winds them up so it becomes a case of "I wonder what offences can we throw at them?".

Burnsy2023 · 30 Aug 2018 at 15:50

enkoda said:
The get-out clause being used by the sergeant is the mental stability issue - on those grounds I guess it would be deemed reasonable to conduct a full search for possible weapons "for the safety of the suspect and the police officers". I'm not condoning what they did but it seems you only have to mention health & safety and all common sense goes out the window.

Err no. Mental instability is not a get out clause here. It comes down to why the Sgt suspected the DP might have a weapon or item that could be used to harm the DP or others and why a standard search wasn't effective to remove that suspicion.

KillBoY_UK · 30 Aug 2018 at 16:32

Stuff like this is why I like body cams to be on and the footage made public so at least the spin from one side or the other is lessened

Chris Wilson · 30 Aug 2018 at 16:43

Cleared of any wrong doing

https://www.birminghammail.co.uk/news/midlands-news/police-officer-cleared-misconduct-after-15091930

Tefal · 30 Aug 2018 at 16:51

Tefal · 30 Aug 2018 at 17:10

I bet the same people comparing would be complaining if the headline was "women kills self in cell after police fail to search her" or "woman stabs police officer in cell after they fail to search her" or "women not arrested after trying to stop police removing 6" knife from criminal"

Sergeant Kurtis Howard authorised Dr Duff's strip search after she had to be carried bodily from a police van then lay limp on the floor outside Stoke Newington police station for 15 minutes and refused to give her name.

Thsts not normal behaviour it is very much "few I hope she doesn t slit her wrist" behaviour

Skunkworks · 30 Aug 2018 at 17:19

She said she feared the teenager was being unfairly targeted due to racial profiling.

Called it!

Dis86 · 30 Aug 2018 at 17:46

Tefal said:
I bet the same people comparing would be complaining if the headline was "women kills self in cell after police fail to search her" or "woman stabs police officer in cell after they fail to search her" or "women not arrested after trying to stop police removing 6" knife from criminal"

Thsts not normal behaviour it is very much "few I hope she doesn t slit her wrist" behaviour

Don't you come in here with your common sense and logic! Who do you think you are?

Caracus2k · 30 Aug 2018 at 17:57

jsmoke said:
She didn't technically do anything to warrant an arrest.

She absolutely did.....

Just think this through in your head from a police officers perspective....

You are stopping and searching someone who you suspect may have a weapon. A random member of the public then approaches you and appears to hand then something (or maybe be handed something themselves?).

Personally I think she should have been convicted for the the obstruction of police I beleive she is guilty off.

She is complaining about being strip searched after her arrest at the police station. Everyone arrested and taken to a police station can be lawfully be searched without any additional justification required. If the custody sergeant believes it is necessary then they can order a strip search if they beleive the person may have on them evidemce of an offence, an implement that may harm themselves or another or something they could use to escape.

Nasher · 30 Aug 2018 at 18:00

Her fault for being an arse tbh.

Probably tried to provoke a reaction like this to get that 15 minutes of fame and a place in #MeToo

SlyReaper · 30 Aug 2018 at 18:14

Sounds to me like the police were doing a power trip. Strip searching someone for refusing to tell them her name - did they think her name was going to be tattooed across her bum or something?

I'd be interested to see if there was any video or audio of this inciting incident. But in the absence of that, the facts presented so far paint the police in a pretty bad light.

Dis86 · 30 Aug 2018 at 18:15

SlyReaper said:
Sounds to me like the police were doing a power trip. Strip searching someone for refusing to tell them her name - did they think her name was going to be tattooed on her bum or something?

I'd be interested to see if there was any video or audio of this inciting incident. But in the absence of that, the facts presented so far paint the police in a pretty bad light.

Except as pointed out the police officer was found to have no case to answer...sooooo...clearly the facts of this case didn't.

Chris Wilson · 30 Aug 2018 at 18:22

Hopefully the good doctor will be philosophical about the decision, (and be sure to wear clean underwear next time she has a hissy fit...) Good call Skunky, BTW

Spook187 · 30 Aug 2018 at 18:22

The coppers need a knuckle sandwich.

SlyReaper · 30 Aug 2018 at 18:23

Dis86 said:
Except as pointed out the police officer was found to have no case to answer...sooooo...clearly the facts of this case didn't.

I happen to disagree with the reasoning behind it. They're acting like her being uncooperative is some great sin. Why should she have been cooperative? All she'd done is try to inform some kid of his legal rights.

Dis86 · 30 Aug 2018 at 18:24

SlyReaper said:
I happen to disagree with the reasoning behind it. They're acting like her being uncooperative is some great sin. Why should she have been cooperative? All she'd done is try to inform some kid of his legal rights.

Because she interfered with them.doing their duty which is against the law. That was neither the time nor the place and she is not a trained legal professional as has been demonstrated by trained legal professionals.

SlyReaper · 30 Aug 2018 at 18:27

Dis86 said:
Because she interfered with them.doing their duty which is against the law. That was neither the time nor the place and she is not a trained legal professional as has been demonstrated by trained legal professionals.

Handing someone a piece of card is interfering?

Dis86 · 30 Aug 2018 at 18:31

SlyReaper said:
Handing someone a piece of card is interfering?

Yes. Hence her LAWFUL arrest. As attested by a judge. A trained legal professional. Not her and not you since both of you clearly you have no legal knowledge.

enkoda · 30 Aug 2018 at 18:32

Burnsy2023 said:
Err no. Mental instability is not a get out clause here. It comes down to why the Sgt suspected the DP might have a weapon or item that could be used to harm the DP or others and why a standard search wasn't effective to remove that suspicion.

Would it be preferable to call it justification instead?

StriderX · 30 Aug 2018 at 18:33

Dis86 said:
Yes. Hence her LAWFUL arrest. As attested by a judge. A trained legal professional. Not her and not you since both of you clearly you have no legal knowledge.

No, we dont trust experts anymore, twaddle, everyone's opinions are facts in 2018.