Learnt a bad lesson today

[santaman2000]

Get a solicitor. Seriously - writing letters won't help. Civil prosecution for them taking your property, complaints to the IPCC etc. will. Clearly all of this will hinge on the "good reason" you had for carrying your tools. Provided that the landowner of the wood will confirm that you had permission to carry out wood carving there, you were transporting tools to carry out a legal activity.

This sounds like the best advice. I'd also ash the solicitor about damages due to any lost job prospects, etc. resulting form the "warning' which will be "on file."
The answer may not be what you (or we) would like to hear, but you'll never know unless you try.

 

[resnikov]

What was the reason they gave for a/stopping you and b/searching you?

 

[British Red]

I amazingly have had a response from the chief of my local station after emailing a complaint in which I have explained my reason for having them and contact details for the land owner his response states

" I feel my officers are acting completely within the law and would of had due cause to stop you and if warranted remove the said items from you at the given time however I am open to hearing your complaint and invite you to visit the station at a mutually acceptable time "

I have asked for the earlyist time available I will keep you informed

Given you had landowners permission and were transporting tools to use appropriately, they have no more basis to confiscate those tools than they would a chef carrying his knives to a restaurant or private catering engagement. You were transporting tools to use for their intended purpose on land where you had permission to carry out that activity. They were not displayed or brandished

See a solicitor prior to meeting the local top bobby, get him to put all this in writing, ending with "I require the return of the tool in question". Go to court if necessary.

 

[Niels]

Police can only search you here if they have cause to believe you're up to something. Not preventive.
I hope you can get it sorted out.

 

[Turnip]

I have to agree with what red has said! I would also get the land owner to put in writing that he/she has given you permission to use these tools on their land before attending your meeting with the officer! get everything written and signed by all people, its more proof than just one persons word against another.
hope you get it all sorted bud!

 

[Paul_B]

What if he didn't have the landowner's permission? What if the landowner did give you permission but at the involvement of law doesn't back you up and "forgets" about your permission?

Personally I don't know but I reckon something to consider. Probably difficult to win this one. Even if you win I reckon the knife will be destroyed (or in some copper's pocket if that's not too cynical of me) or lost in the system.

 

[Paul_B]

Crossed posts, seems he has landowner's permission. if the op gets it written down and signed then all the better. Will take luck to win though.

 

[VANDEEN]

I feel heartily sorry for you, and would also urge you to seek legal advice & not to attend the meeting alone.

During the chat they will certainly have the confidence & almost certainly the legal knowledge advantage over you.

I have personally witnessed this "confidence" being used by police officers to intimidate people & control a situation to their advantage. In one case I witnessed they informed bystanders of a law which does not even exist.

Legal insurance is often provided on your house/car insurance & some credit cards, if you want to go down that route it may pay you to investigate it.

Best of luck.

 

[Joonsy]

do, say, and sign nothing and GET A SOLICITOR, the police will try to fob you off but will not fob off a solicitor. FACT.

 

[Dogoak]

From the CPS page here..................................http://www.cps.gov.uk/legal/l_to_o/offensive_weapons_knives_bladed_and_pointed_articles/#a08

'Defence

The defendant is entitled to be acquitted if he shows on the balance of probabilities that he had "lawful authority or reasonable excuse" for having the weapon (Archbold 24-121-122). Where details of a defence are given in interview or in a defence statement, the CPS should consider whether evidence is available to rebut the defence and should liaise with the police if additional enquiries or evidence are necessary.'

You could point out that your kife is a tool and that they handed back your other tools.

All the best with this, I think I can speak for most of us, we are rooting for you!

 

[blacktimberwolf]

Another reason for using a Mora..............much less heart ache & expense ( solicitor's fees ) if it gets confiscated.

 

[Covert System]

Comes under the Offensive Weapons order.

You can question why the officer stopped you without good cause as you were stopped from going about your business and just because you are a stranger or looked strange gives you good cause to complain about the officer disturbing you in your enjoyment of the amenities as you were not committing any offensive act that warranted this intrusion in to your privacy.

Tradesmen carry large and more dangerous knives as part of their work, Chefs routinely carry their knife sets with them as a kitchen chef brings to a job his own tools like a carpenter brings his tools to work on wood.

At the very least you should contest the recording of this seizure of personal property as it was not out in public and not being used in the commission of a crime or any other criminal activity.

I have to say that you may not get your knife back and it will be destroyed but you should have the satisfaction of making as much noise about this being a tool you use as part of your bush craft skills like a tradesman or similar profession. Remember that you have above anything else the right to complain.

You might want to speak to your local MP for your ward and seek other avenues of embarrassment for the police and keep them waiting in the wings until you get a reply from the chief of police for your area.

 

[CACTUS ELF]

Innocent until PROVEN guilty? Don't they need to prove you had intent to use the tool in an inappropriate manner? If thats what they believed you were going to do?

 

[Stew]

After a visit to the station I have been allowed to take my axe and spoon knife home with me but not my knife as the blade was longer than 3 inches and apparently bushcraft is not a valid reason to carrie a knife

Again, to highlight this point. The blade length rule applies to slipjoint folders. Fixed blade knives have no length limit - they're either allowed or not. They would still be allowed to confiscate but it's not the length that is the issue (I'm assuming it's a fixed blade)

 

[Bushwhacker]

" I feel my officers are acting completely within the law and would of had due cause to stop you and if warranted remove the said items from you at the given time however I am open to hearing your complaint and invite you to visit the station at a mutually acceptable time "

"would of"?

"would of"?

And this is a police chief?

 

[Mouse040]

Thanks for all the support I've got to have my meet at 12.30 tomorrow hopefully this will give me enough time to get some proper legal support my landowner is arranging for me to collect written permission in the morning so hopefully that will help
It seems that wether right or wrong the chance of the police backing down is slim to none but I'm crossing my fingers just glad my boys were at school not sure what I would of done if they Had lost there kit

 

[Paul_B]

Good luck.

 

[toilet digger]

hope it goes well for you fella.
regards jamie.

 

[Bushwhacker]

Could I ask one question, if I may?

 

[Mouse040]

Yes of course bw ask away