Russell Fortt successfully defends West Midlands Police in civil action claim

Russell Fortt successfully defends West Midlands Police in a civil action for false imprisonment and breach of Article 8 ECHR arising from the execution of a firearms  warrant which had the incorrect address of the suspect.

The Claimants’ case was that once the officers realised that the address on the warrant was incorrect they should not have proceeded to enter the property and should not have remained in the property detaining the Claimants whilst they sought confirmation that they were at the wrong address.  They also asserted that inadequate checks had been carried out to ensure that the address was correct before obtaining the search warrant.

The judge accepted the Defendant’s argument that the officers had an implied power to detain and remain at the property until they were sure they were at the wrong address in order to ensure the safety of the officers and the public.  He also concluded that the source of the information as to the address was a reliable one which did not necessitate more detailed background checks.

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Related barristers

Russell Fortt

Call 1999

Related areas

Police Law

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