How Did The Police Enter My Home, With Out Consent.
Dear West Midlands Police,
1) Can you provide proof of your Police officers "Rights" to enter my home on 12th May 2008, whilst myself and my daughter were arrested and detained at the Chace Avenue Police Station.
Transcripts of my daughters interview, give proof, that a letter was read out to her by your officers. The letter in question was about our dog. This letter was kept in my bedroom drawer at home, so what lawful rights were used by you to enter my home and rummage through our personal belongings.
2) On the 9th December 2010, your Police called at my door, with the mental health team. I answered the door to 3 big burly Policemen, who claimed that they had a Warrant to enter my home. They also said that the Warrant allows them to forcibly enter my home. I told the Police to wait outside, whilst closing the porch door.
I went into my living room to tell my visitor that the Police are at the door saying that they had a Warrant.
As I walked back into my hallway, the Police were inside my home. At NO-TIME did they show me a warrant, including several requests made by me to see the said warrant.
Can you tell me, WHAT legislation or Lawful right do the Police have to enter a persons home. Especially when there had been NO-Crisis. A copy of the "Said Warrant" was given to me some months later. The Warrant had been issued on the 2nd December 2010, yet your Police Officers came to my address 7-Days later. The said Warrant, was a sec 135 under the mental health act, which is specifically used in a crisis. The mental health team found no reason to section me and no reason to remove me and there was no crisis. This visit according to a Consultant psychiatrist,s hand written notes, was triggered by The West Midlands Police. Is this usual West Midlands Police behaviour towards the public that they are paid to serve and protect.
Yours faithfully,
Yvonne Pears.
Dear Ms Pears
FREEDOM OF INFORMATION ACT 2000
Thank you for your request for information, received 25/07/2011
concerning Your Request for Personal Data.
Your request is being considered and you will receive a response within
the statutory timescale of 20 working days, as defined by the Act, subject
to the application of any statutory exemptions. Where consideration is
being given to the application of any exemptions the 20 working day
timescale may be extended under the terms of the Act to a period
considered reasonable depending on the nature and circumstances of your
request. In such cases you will be notified and, where possible, a revised
time-scale will be indicated. In all cases we shall attempt to deal with
your request at the earliest opportunity.
There may be a fee payable for the retrieval, collation and provision of
the information requested, where the request exceeds the statutory limit.
In such cases you will be informed in writing and the 20 working day
timescale will be suspended until we receive payment from you or your
request is modified and /or reduced. If you chose not to make full payment
or modify your request then the request will remain unanswered.
Your request may require either full or partial transfer to another public
authority. You will be informed if your request is transferred.
Yours sincerely,
Freedom of Information Unit
Dear Ms Pears
FREEDOM OF INFORMATION ACT 2000
Your request for information received 24 July 2011, has now been
considered. This response is our response under the terms of the Freedom
of Information (FOI) Act only. The FOI Act places a number of legal
constraints upon us and therefore this letter answers only those
obligations.
Before I explain the decisions I have made in relation to your requests
and as per my previous response to 4428/11 and 4887/11 I thought that it
would be helpful to reiterate how someone can apply for their own personal
data.
Requests for information about the requester are classified as subject
access requests under the Data Protection Act 1998. Therefore should you
wish to know what information (if any) West Midlands Police holds about
you please complete a subject access form. Payment of a £10.00 fee and
proof of identification must accompany a completed subject access
application form, which can be downloaded here:
http://www.west-midlands.police.uk/pdf/F...
Please note that subject access requests can take up to 40 days to
complete after receiving your application. When completing this form
please be as precise as possible regarding the information that you
require. This will assist us in locating the required information.
If you have completed one of these forms and asked for a copy of your
Â*person record onlyÂ* from the Police National Computer (PNC) and not
for other information held it may be advisable to contact the Data
Protection Unit to request specific personal information.
DECISION UNDER THE TERMS OF THE FREEDOM OF INFORMATION ACT
West Midlands Police will neither confirm nor deny that we hold any of the
requested information. This letter serves as a Refusal Notice under
Section 17 of the Freedom of Information Act 2000 (the Act).
REASONS FOR DECISION
Section 17 of the Freedom of Information Act places two duties on public
authorities. Unless exemptions apply, the first duty at s1(1)(a) is to
confirm or deny whether the information specified in a request is held.
The second duty at s1(1)(b) is to disclose information that has been
confirmed as being held. Where exemptions are relied upon section 17 of
the Act requires that
we provide the applicant with a notice which: a) states that fact b)
specifies the exemption(s) in question and c) states (if that would not
otherwise be apparent) why the exemption applies.
In accordance with the Act, this letter represents a Refusal Notice for
these particular requests.
Your request is for your own information and, as such, if any information
exists it would be exempt by virtue of Section 40(5) of the Freedom of
Information Act. Section 40 (5) of the Act relieves us of the duty to
confirm or deny that we hold any relevant data.
A personÂ*s request for their own data should be dealt with as Data
Protection Act subject access requests. Therefore the information can be
supplied to the subject of the request by the means outlined above.
Further information about Data Protection and Subject Access is shown
here:
http://www.west-midlands.police.uk/foi/d...
Section 40 of The Freedom of Information Act is shown here:
[1]http://www.west-midlands.police.uk/foi/p...
If you are unhappy with the way that the police have handled a particular
case, the correct process to make a complaint is to contact our
Professional Standards Department or to make a complaint directly to the
Independent Police Complaints Commission (IPCC), the latter can be
contacted via the following website:
Your attention is drawn to your right to request a re-examination of your
case under West Midlands Police review procedure, which can be found at:
http://www.west-midlands.police.uk/pdf/F...
Please note that such an appeal must be received within six months of the
date of this correspondence.
If you require any further information, then please do not hesitate to
contact me.
Yours sincerely,
Susan Brown
Freedom of Information Unit
West Midlands Police in complying with their statutory duty under sections
1 and 11 of the Freedom of Information Act 2000 to release the enclosed
information will not breach the Copyright, Designs and Patents Act 1988.
However, the rights of the copyright owner of the enclosed information
will continue to be protected by law. Applications for the copyright
ownerÂ*s written permission to reproduce any part of the attached
information should be addressed to The Force Solicitor, West Midlands
Police Headquarters, Lloyd House, Colmore Circus Queensway, Birmingham, B4
6NQ.
Peter Danby left an annotation ()
Having had contact with the police and given a kicking by police officers on false allegations, i personally have decided that the police are no longer needed in my life as they not working in the best interests of the public any more! The police are unaccountable for there actions as it is my opinion that a vast majority of police officers are Neuro Linguistic Programmed and do not no how to protect the public." I personally think if the public did not pay a percentage of council tax the police would start to realise the public are no longer going to tolerate corruption!
Yvonne Pears. left an annotation ()
Thank You to the <<West Midlands Police for agreeing to the unlawful offences actioned by the Police against the public. A Judge has agreed that the <<West Midlands Police>> unlawfully trespassed on the property under threatening behaviour on 9th December 2010. The Police own records placed before a Court prove Kidnapping and entering the properties of people whilst they are unlawfully detained in Police custody and stealing personal property of the detainees.
Zelda Davies left an annotation ()
This sort of behaviour has become commonplace throughout the country. Members of the public are routinely set up, bullied, assaulted and mistreated, those with any kind of mental ill health or vulnerability are at considerable risk. Merseyside police force is rife with the police who behave in the manner described here. Police have broken into my home in the early hours knowing no one was in and actually stolen my back door keys. 8 officers went into my home after supposedly obtaining a warrant which i have never been shown nor given a reason for. After making a complaint to PSD who promised to have this and other complaints investigated i heard nothing
And no such investigations ever took place. The police do these things BECAUSE THEY CAN. Their forces cover for them and supply them with an endless pot of public money to fight you in the civil courts if you dare to challenge them. If you do challenge them then you must be prepared to wait years to have your day in court in which time you and your immediate family will be persecuted and terrifyingly harrassed by them. Is there really any need to ask wh
y so many people distrust the police.
and no such investigations ever took place.
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Yvonne Pears. left an annotation ()
The Police never answer to complaints or questions. It does not matter which way you ask you will never get a proper response. I have only ever had threats by them. How are they able to ask for money for a tape recording, when I was entitled to it for free, in the first place. The way that they have treated me, means that I will never answer any questions again by any Police, due to a conflict of interest and a refusal to comply with their own legislative procedures. No wonder public confidence in them is non existent.