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Eleanor successfully defended the Chief Constable of Humberside Police in an action arising from the exercise of PC Ives’ stop and search powers pursuant to section 1 of the Police and Criminal Evidence Act 1984.
The Claimant’s pleaded case sought damages, including aggravated and exemplary damages, for false imprisonment and trespass to the person. In brief, the Claimant matched several aspects of the alleged suspect’s description as reported to the force control room and conveyed to the officer. However, the Claimant was bald and clean shaven, contrary to the description of the offender which stated he had a “mousey brown crew cut”.
Having heard all the evidence and counsel’s competing submissions, the jury unanimously agreed PC Ives held the requisite genuine suspicion. Consequently, HHJ McGinty went on to consider whether the officer’s suspicion was objectively reasonable. Having determined it was reasonable, the Judge dismissed the Claimant’s claim and ordered the Claimant to pay the Defendant’s costs.
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