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QLD Criminal Law - Falsely Arrested by Police then Released with No Charge?

Discussion in 'Criminal Law Forum' started by Micky94, 13 October 2015.

  1. Micky94

    Micky94 Member

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    This was some time ago, maybe 14-15 years ago, but it's stuck in my mind non stop pretty much. I had just split with my girlfriend and she managed to get a unit in the same block as me. So one night she rang the police with a noise complaint. The police arrived and told me to turn it down which I did. The 2 officers left and all was good when the police came back with 6 back-ups saying they had another complaint about the loud music.

    Upon seeing the 8 officers lurking about my front door I voluntarily let them in. They stated they would have to take the offending musical apparatus. I complied from a seated position on the couch then they started looking at my very complicated amp configuration. I stood up saying I will disconnect the wiring as it is somewhat complicated and wanted no damage done. I hardly stood up and I think I took only 2 steps towards the amp when an officer wrenched my arm behind my back and started marching me to the door. He did state "You are under arrest". I asked immediately why I was under arrest and got a reply so unheard of I forget to this day but suffice to say I never at any stage obstructed, resisted, non-complied or any other offense.

    My main question on this is that it was a false arrest. I was not only marched out the door with handcuffs on but taken to their paddy wagon and detained there for the full duration it took them to dismantle the sound equipment. When they has done that, they brought it all down to the car in a box, asked me to specify it was my equipment and wanted me to sign the form so they could legally take my equipment. I complied to all requests and they took off the handcuffs and let me go home.

    As far as I am concerned, I was put under false arrest and was illegally detained. By the way I had been drinking but my behaviour was very polite and compliant. What do you guys think? What charge could have been made up to arrest and detain me then let me go no charge under Criminal Law?

    Very interested in any replies.
     
  2. AllForHer

    AllForHer Well-Known Member

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    I'm more interested in whether or not they had a warrant to search your property...
     
  3. Micky94

    Micky94 Member

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    They had no warrant but apparently by law they can enter your home and confiscate your sound equipment if they get 2 complaints in a row.
     

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