VIC The police forced me to have a photo

[Carpe Diem]

As somebody owes me money, he framed me by making false accusations of stalking against me to the police. However, I never stalk him at all.

Then, the police called me to get interviewed at the police station. When I got the police station, the officer required me to take a photo against height scale. The officer didn’t tell me I had the right to refuse it and didn’t asked me if I agreed with it. I didn’t know I don’t have to agree to take the photo by the police. I didn’t want to be charged of hindering the police. Finally, the police didn’t charge me at all. Later, the debt was recovered with a solicitor’s help.

Could I consult about whether and how I could ask the police to delete the mugshot? As I wasn’t notified I could refused to take the mugshot by the police. I’m an innocent person without any criminal records, it’s not fair a mugshot of mine is stored in the police system. Thanks very much.

 

[Rod]

Based on your post you were likely arrested, interviewed, photographed and finger printed. If you were only photographed that is a win for you.

May not be fair but we, the public, have little rights when it comes to things like this. All I can say is to forget it and move on with life.

If you have the energy, you can ask the police to charge the other person with a false report, though don't hold hopes they'll do anything.

 

[Carpe Diem]

Dear Mr Rod,

Thanks for your reply.

The thing is the police would arrest me at the beginning. However, a pro bono solicitor was with me and he told the police they were not entitled to arrest me, because I came to the police station by myself for the investigation. Because of my poor English, I didn’t realise it until I consult the solicitor of what happened when I left the station.

However, as the solicitor helped me on debt recovery, he knows little about the criminal matters. When the police took the mugshot, the solicitor told the police it was against the law the police arrest my client, because My client came to the interview for the investigation. As a result, the police didn’t arrest me, but the photo was already taken.

Recently, I just realised I could reject to take the photo. It is not fair the police keep photos of a person not being arrested in their database. My photos would be in the police system forever without the reasonable ground. Could I consult you of whether I could ask the police to get rid of the photo? If it is possible, how could I do that?

Thanks. I look forward to hearing from you.

 

[Carpe Diem]

Based on your post you were likely arrested, interviewed, photographed and finger printed. If you were only photographed that is a win for you.

May not be fair but we, the public, have little rights when it comes to things like this. All I can say is to forget it and move on with life.

If you have the energy, you can ask the police to charge the other person with a false report, though don't hold hopes they'll do anything.

Dear Mr Rod,

Thanks for your reply.

The thing is the police would arrest me at the beginning. However, a pro bono solicitor was with me and he told the police they were not entitled to arrest me, because I came to the police station by myself for the investigation. Because of my poor English, I didn’t realise it until I consult the solicitor of what happened when I left the station.

However, as the solicitor helped me on debt recovery, he knows little about the criminal matters. When the police took the mugshot, the solicitor told the police it was against the law the police arrest my client, because my client came to the interview by himself for the investigation. As a result, the police didn’t arrest me, but the photo was already taken.

Recently, I just realised I could refuse to take the photo. It is not fair the police keep photos of a person not being arrested in their database. My photos would be in the police system forever without the reasonable ground. Could I consult you of whether I could ask the police to get rid of the photo? If it is possible, how could I do that?

Thanks. I look forward to hearing from you.

Regards

 

[Rod]

The police can arrest you if they have reasonable grounds you committed a crime. Looks like they thought they did not have reasonable grounds.

Fairness does not come into play. People are often under the mistaken impression the law must be fair. The law is the law and it is not always fair.

 

[Carpe Diem]

The police can arrest you if they have reasonable grounds you committed a crime. Looks like they thought they did not have reasonable grounds.

Fairness does not come into play. People are often under the mistaken impression the law must be fair. The law is the law and it is not always fair.

Dear Mr Rod,


Thanks for your professional advice.

As the solicitor told me even though he knew what is the truth and I was innocent, I should make a no comment interview, because the intention of the police interview me is to find evidence to lay charge against me. I made a no cement interview. The officer said I may be charged after the completion of the interview. As the pro bono solicitor specialises in debt recovery, he doesn’t have much knowledge in criminal matters.



The police didn’t determine ether to lay the charge or not for months. After 4 months, the other side, the person falsely alleged of stalking against me to the police committed a crime to me. He damaged my car parking on the driveway of my home. I called police and reported to another officer from my local police station, in which I told the police the other side damaged my car and the detail about how he owed me money, but I didn’t mention the other party’s false allegation. As I didn’t have the evidence of how he damaged my car, the officer said he could only checked the security CCTV along the street, but he may not find anything significant. The Officer who interviewed me called me 3 days later. He told me the police had dropped the charge against me. I suspected the reason why the police dropped the charge is they collected the evidence of the other party’s false accusation from my allegation, in which I told another officer how and why the other side owed me money. 2 officers exchanged their evidence from me and from the other side.
If I would like to know how the other side made the bogus allegation, could I lodge an FOI application to the police? Does the FOI application reveal the other party’s testimony, ‘evidence’? If I would like to know how the other party frames me, what else could I do?

I appreciate your helps and time a lot, Mr Rod.



Regards,