Police and Criminal Evidence Act 1984 S22(4)

Dorian Chan made this Freedom of Information request to West Midlands Police

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

The request was partially successful.

Dear West Midlands Police,

1. What is the West Midlands Police Procedure Policy on computer, Ipad and mobile devices seized following an execution of search warrant?
2. What is the West Midlands Police Procedure Policy on documents (in paper form) seized following an execution of search warrant?
3. Does West Midlands Police retain seized computer, Ipad and mobile devices, albeit a copy would be sufficient for the purpose of investigation?
4. Does West Midlands Police retain seized documents (in paper form), albeit a copy would be sufficient for the purpose of investigation?
5. Once seized items are copied for the purpose of investigation, what is the West Midlands Police Procedure Policy on returning those seized items to the owners of those items?
6. How can the owner of those seized items request for the return of those items seized, which have already been copied for the purpose of investigation?

Yours faithfully,

Dorian Chan

Freedom of Information,

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Freedom of Information,

1 Attachment

Dear Ms Chan

 

 

 

FOI Request Reference: 002430/18

 

Thank you for your requests for information, received from 06/02/18 to
05/03/2018

 

REQUEST

 

1.Are police officers permitted to take personal photos ( non work
related) with their personal mobile phones during an execution of search
warrant?

 

2. Are police officers permitted to send text messages, photos, what's app
messages/ photos, Facebook messenger messages/ photos ( non work
related),  with their personal mobile phones during an execution of search
warrant?

 

3. Are police officers permitted to share non work related photos (taken
during an execution of search warrant) with their personal mobile phones,
with colleagues/ friends/ family?

 

4. Are police officers permitted to use their own personal mobile phones
during an execution of search warrant for non work related purpose?

 

5. Are police officers permitted to use their own personal mobile phones
during an execution of search warrant for non-emergency matters?

 

6. Are police officers permitted to take personal photos ( non work
related) with their allocated work mobile phones during an execution of
search warrant?

 

 

7. Are police officers permitted to send text messages, send photos,
what's app messages/ photos, Facebook messenger messages/ photos ( non
work related),  with their allocated work mobile phones during an
execution of search warrant?

 

8. Are police officers permitted to share non work related photos (taken
during an execution of search warrant) with their allocated work mobiles
phones, with colleagues/ friends/ family?

 

9. Are police officers permitted to use their allocated work mobile phones
during an execution of search warrant for non work related purpose?

 

10. Are police officers permitted to use their allocated work mobile
phones during an execution of search warrant for non-emergency matters?

 

11. Does West Midlands Police follow the College of Policings 2013
Guidance on Relationships with the Media?

 

12. Did West Midlands Police take reasonable measures to ensure any
materials that are published by the invited media do not lead to a suspect
being identified, in the same way as they would when a person is arrested.
An example of this would be the release of a photograph after a raid that
identifies the house number in a street, which could lead to the identity
of the suspect becoming known? If so, what measures were they?

 

13. Were the invited media asked to sign an indemnity agreement by the
West Midlands Police? As it is the responsibility of the media to ensure
that they do not identify the individual in the operation or identify any
victims or witnesses without their consent.

 

14. Your answer to my original question:- 6) What time did the media film
the police officers gaining entry to the above premises?  Your Answer -
The media arrived after this time, the recorded time is not held. Could
you confirm the time when the media film the police gaining entry to the
premises in question is not the same time when the police first gain entry
into the premises in question.

 

15. Your answer to my original question:- 7) Did you arrest, charge or
prosecuted any persons from the above premises ? Your Answer - This
information is provided on the following website,
[1]https://www.west-midlands.police.uk/news...

Could you please provide me with a precise answer to my original question.
I asked:- Did you arrest, charge or prosecuted any persons from the above
premises ( Ming Moon Restaurant, 499 Stafford Road, Wolverhampton WV10
6RR)? The link you provided does not provide me with this answer.

 

16.       What is the West Midlands Police Protocol when members of public
are found to be posting hate speech on social media?

 

17.       What is the West Midlands Police Protocol when members of public
are found to be posting hate speech on the Official West Midlands Police
Facebook page?

 

18.       Who is managing the contents of the Official West Midlands
Police Facebook page?

 

19.       Who has the overall responsibility within the West Midlands
Police for the contents of the Official West Midlands Police Facebook
page?

 

 

20.       How is the Official West Midlands Police Facebook page being
managed?

 

21.       How often is the Official West Midlands Police Facebook page
being monitored?

 

22.       Does West Midlands Police tolerate hate speeches that are being
posted by member of public on the Official West Midlands Police Facebook
page?

 

23.       Does West Midlands Police investigate hate speeches that are
being posted by member of public on the Official West Midlands Police
Facebook page?

 

24.       How hate speeches that are being posted by member of public on
the Official West Midlands Police Facebook page are being investigated by
the West Midlands

 

25.       What is the West Midlands Police Procedure Policy on computer,
Ipad and mobile devices seized following an execution of search warrant?

 

26.       What is the West Midlands Police Procedure Policy on documents
(in paper form) seized following an execution of search warrant?

 

27.       Does West Midlands Police retain seized computer, Ipad and
mobile devices, albeit a copy would be sufficient for the purpose of
investigation?

 

28.       Does West Midlands Police retain seized documents (in paper
form), albeit a copy would be sufficient for the purpose of investigation?

 

29.       Once seized items are copied for the purpose of investigation,
what is the West Midlands Police Procedure Policy on returning those
seized items to the owners of those items?

 

30.    How can the owner of those seized items request for the return of
those items seized, which have already been copied for the purpose of
investigation?

 

31.Can West Midlands Police break entry to a subject property more than
once with a Search Warrant which is authorised only with a single entry by
court?

 

32.Can West Midlands Police continue to search and seize items from the
subject property on the second entry, albeit authorised with only a single
entry search warrant by court?

 

33.Should the West Midlands Police require gaining multiple entries to a
subject property, what type of search warrant is required?

 

34.       Which rank of officers is required to make a search warrant
application to a district judge?

 

35.       Which rank of officers is requires to authorise the application
of search warrant put to a district judge?

 

36.       Which rank of officers has the overall responsibility for the
application of search warrant put to a district judge?

 

37.       Which rank of officers decides on which legislation is to be
cited for the application of search warrant put to a district judge?

 

38.       Which rank of officers is accountable for a defective
application of search warrant put to a district judge?

 

39.       Which rank of officers is accountable for a defective search
warrant obtained by a district judge?

 

40.       Which rank of officers is accountable for a defective search
warrant executed at a subject property?

 

RESPONSE

 

The requests have been combined in line with Information Commissioner’s
Office guidance. Please see:

 

https://ico.org.uk/media/1198/dealing-wi...

 

Paragraph 68 states:

 

“The authority may also combine the total cost for all requests received
from one person (or several people acting in concert) during a period of
60 days so long as they are requests for similar information”.

 

This is explained in more detail with the following guidance:

 

[2]https://ico.org.uk/media/1199/costs_of_c...

 

Since 06 February 2018 you have submitted 8 requests relating to a similar
subject, as well as a query raised on a completed response. Of the
requests received in this short period, 6 were received on the same day 05
March 2018. I note the nature and timing of your frequent and overlapping
requests and recommend that you familiarise yourself with ICO guidance on
Freedom of Information before making any further requests.

 

[3]https://ico.org.uk/for-the-public/offici...

 

In particular you may wish to look at the ‘Information request dos and
don’ts’ section.  As your requests show some of these relevant
characteristics we may consider the application of Section 14 (vexatious
or repeated requests) as well as Section 12 (where the request exceeds the
appropriate limit) to future requests.

 

Please find attached our response

 

If you are unhappy with the conduct of WMP officers there are procedures
in place to address this. You can make a complaint to the Professional
Standards Department, and if you are not happy with the outcome of that
investigation, then you can make a complaint to the Independent Police
Complaints Commission. Links to more information have been included below:

http://www.west-midlands.police.uk/conta...
[4]https://www.ipcc.gov.uk/

 

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:

 

[5]http://foi.west-midlands.police.uk/revie...

 

Please note that such an appeal must be received within 20 working days of
the date of this correspondence. Any such request received after this time
will only be considered at the discretion of the FOI Unit.

 

 

Yours sincerely,

 

 

 

 

Susan Brown

Freedom of Information Unit

Tel: 101

ext: 801 2068

 

 

email. [6][email address]

Working hours 7:30am to 3:30pm Monday to Thursday

 

To report crime and anti-social behaviour which does not require an
emergency response please call 101. In an emergency call 999.

 

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This email is intended for the addressee only and may contain privileged
or confidential information. If received in error, please notify the
originator immediately. Any unauthorised use, disclosure, copying or
alteration of this email is strictly forbidden. Views or opinions
expressed in this email do not necessarily represent those of West
Midlands Police. All West Midlands Police email activity is monitored for
virus, racist, obscene, or otherwise inappropriate activity. No
responsibility is accepted by West Midlands Police for any loss or damage
arising in any way from the receipt or use of this email.

References

Visible links
1. https://www.west-midlands.police.uk/news...
2. https://ico.org.uk/media/1199/costs_of_c...
3. https://ico.org.uk/for-the-public/offici...
4. https://www.ipcc.gov.uk/
5. http://foi.west-midlands.police.uk/revie...
6. mailto:[email address]
7. https://exchange.wmpad.local/owa/redir.a...
8. https://www.wmnow.co.uk/
9. https://exchange.wmpad.local/owa/redir.a...
10. https://exchange.wmpad.local/owa/redir.a...
11. https://exchange.wmpad.local/owa/redir.a...
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13. https://exchange.wmpad.local/owa/redir.a...