help - Can police legally seize non camerad phones without warrant/arrest

[jedimafia]

I'm hoping someone here can help me with this. Am i correct to think that the police (drugs squad) have no legal power/legislation to seize peoples mobile phones off them without an arrest or warrant?? I'm trying to report it as a theft but they won't have it. As far as i know the only legislation to allow them to do this is with camera phones which mine is not.

The circumstances were that I was waiting under a bridge near a supermarket for coming on an hour. The drugs squad were on mountain bikes and couldn't make their mind up if i was selling or buying. I was waiting for some runners to bring me some crack, i'd clocked one of the drugs squad at one point hiding away on his bike so went up to check and walked back. At some point, i dont know how he had overheard me on the phone to my friend saying "You get the green, ill get the bars" which is purely circumstantial, and without an arrest invalid anywho the ftr the bars meant chocolate bars (with weed in haha)

The CID today told me i must speak t o the drugs squad officer tomorrow. That officer in question tried to use the 1971 drugs act to justify his illegal seizure which doesn't cover up. I'm having to keep all my supply with mr hankey right now, it aint good! They told me its part of some "big investiation" their are doors going in every week in connection with the drug runners, but that's notbhing to do with me. Hope someone can help, i could be wrong maybe their is legislation but i know their wont be...

 

[Arnold]

I presume you were searched?
If yes then this applies so they're correct unfortunately.

Misuse of Drugs Act 1971

23ATemporary class drugs: further power to search, seize and detain

(1)Subsection (3) applies in any case where—

(a)a constable has reasonable grounds to suspect that a person (“P”) is in possession of a temporary class drug, and

(b)it does not appear to the constable that a power under section 23(2) applies to the case.

(2)But if any provision has been made by virtue of section 7A(2)(c) (excepted possession) that applies to the temporary class drug in question, subsection (3) applies only if the constable has no reason to believe that P's possession of the drug is to be treated as excepted possession for the purposes of this Act.

(3)The constable may—

(a)search P, and detain P for the purposes of searching P;

(b)search any vehicle or vessel in which the constable suspects that the drug may be found, and for that purpose require the person in control of the vehicle or vessel to stop it;

(c)seize and detain anything found in the course of the search which appears to the constable to be a temporary class drug or to be evidence of an offence under this Act.

In this subsection, “vessel” has the same meaning as in section 23(2).
(4)Subsection (5) applies if a constable reasonably believes that anything detained under subsection (3)(c) is a temporary class drug but is not evidence of any offence under this Act.

(5)The constable may dispose of the drug in such manner as the constable thinks appropriate.

(6)A person who intentionally obstructs a constable in the exercise of the constable's powers under subsection (3) commits an offence.

PACE act 19 doesn't apply either...

 

[F.U.B.A.R.]

Bang to rights fella

 

[steewith2ees]

Hi jedimafia, sorry I've took so long to get this on here as we do not usually entertain legal questions but considering it concerns a piece of your own personal property as opposed to drug matter and the fact that Arnold has provided a well considered and comprehensive answer, I'm giving it a bump before closing it.

 

[steewith2ees]

Whoops forgot to lock the door 8)