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Police came for me at 5am

(non) Criminal Chalkist | 23.12.2010 14:04 | Education | Public sector cuts | Repression

On the 17/12/10 (Last friday) The police came to my house with a warrant for my arrest. They came like the stasi in the night, getting me out of bed at 5am in the morning.

They had a warrant for my arrest, with the charge of Affray and Conspiracy to affray.

It is relation to a protest I attended about a month ago, which saw hundreds of students from across Bristol join together in the streets to oppose rising tuition fees, cuts to our education and an elitist education system. At the top of Park street (Park row) in Bristol, police had kettled everyone in once again, stopping movement anywhere down park street, park row and back up towards whiteladies road.. The police insisted in an interview that they thought that it was me that threw a firework towards the police which simply isnt true.

I was detained for 12 hours in cell number 9 at trinity road police station, Bristol. After repeated requests to a solicitor I was refused, I was told I would see a solicitor when I was interviewed. I asked for a pen and paper. A pen and paper never came. Out of the three meals I sould have been offered during my detention, I only recieved one meal. After requesting a blanket as the cell I was in was so cold, I was refused, as I had already got one. I also requested to make my phone call, I never got this either.

All of the above apart from the blanket are my LEGAL RIGHT and recieved none of them.

I sat shaking in the cell, not knowing what affray meant, or what was going to happen to me next. The police had made a big mistake. What the hell had I done wrong? When the police turned up on my doorstep at 5am, I was told I was being charged with affray, for throwing a firework at the police at a recent student protest in bristol.

Whilst I was in the cell, one of the detectives came to my cell and told me that they would now be going to my house with a warrant to search it. They took my laptop, my mobile phone, a hard drive, a notepad amongst other things. I am still awaiting my property back :( which I imagine I won't be seeing for a long time.

After being in the cell for nearly 10hours, I was finally interviewed by two police officers: two dectives from the serious crime squad. They showed me a video that includes me stroking a police horse at the front of a police kettle and then suddenly a firework goes towards the police. firstly, they asked me whether it was me in the video. Of course I said it was me, as i have nothing to hide. They tried to pin this on me! they tried to say that it was me that threw the firework, which I quickly denied, of course this was not me! after watching the video shown to me in the interview which was taken from BBC Bristol, I was quick to point out "how could I have thrown a firework if with one hand I am stroking a police horse" Of course, it is obviously impossible to light a firework and throw it with one hand.

This wa bullshit and they know it. They quickly dropped that line of questioning and then accused me of conspiracy to affray. They said that, I was stroking the police horse so that someone else that I knew could throw a firework at the police. This also of course was completely untrue.

Other questions that they asked me were about who I knew, what I did, what internet websites I use(d) etc. They had no grounds to arrest me. They had no grounds to detain me. They have no grounds to interrogate me.

I HAVE DONE NOTHING WRONG.

I was released on bail, and am due to make my appearance at trinity road police station on the 26th of January.

MORE TO COME SOON, PLEASE SHARE. ANY MEDIA READING THIS, PLEASE DON'T HESITATE TO GET IN CONTACT. IF ANYONE ELSE WANTS ANYMORE INFORMATION PLEASE ASK, I WILL UPDATE THIS WHEN MORE INFO COMES TO MY MIND.

(non) Criminal Chalkist
- Homepage: http://criminalchalkist.blogspot.com/2010/12/police-come-for-me-at-5am-please-share.html?spref=tw

Comments

Hide the following 18 comments

No Comment

23.12.2010 14:16

For anyone else in this 'orrible situation, it's always best to say NO COMMENT to the cops at least until you get to see a solicitor. That means even if you think 'you have nothing to hide'.

ACAB


5 arrests this morning

23.12.2010 14:33

If you are one of them, or know one of them, please get in touch with the Legal defence and Monitoring Group ( http://www.ldmg.org.uk/) which will be launching a Defence Campaign in the New Year

blur faces when posting pics of demos


The advice the cops tried to stop you seeing

23.12.2010 14:48

If you fear you may be arrested as a result of identification by CCTV, FIT or press photography;

DONT panic. Press photos are not necessarily conclusive evidence, and just because the police have a photo of you doesn’t mean they know who you are.
DONT hand yourself in. The police often use the psychological pressure of knowing they have your picture to persuade you to ‘come forward’. Unless you have a very pressing reason to do otherwise, let them come and find you, if they know who you are.
DO get rid of your clothes. There is no chance of suggesting the bloke in the video is not you if the clothes he is wearing have been found in your wardrobe. Get rid of ALL clothes you were wearing at the demo, including YOUR SHOES, your bag, and any distinctive jewellery you were wearing at the time. Yes, this is difficult, especially if it is your only warm coat or decent pair of boots. But it will be harder still if finding these clothes in your flat gets you convicted of violent disorder.
DONT assume that because you can identify yourself in a video, a judge will be able to as well. ‘That isn’t me’ has got many a person off before now.
DO keep away from other demos for a while. The police will be on the look-out at other demos, especially student ones, for people they have put on their ‘wanted’ list. Keep a low profile.
DO think about changing your appearance. Perhaps now is a good time for a make-over. Get a haircut and colour, grow a beard, wear glasses. It isn’t a guarantee, but may help throw them off the scent.
DO keep your house clean. Get rid of spray cans, demo related stuff, and dodgy texts / photos on your phone. Don’t make life easy for them by having drugs, weapons or anything illegal in the house.
DO get the name and number of a good lawyer you can call if things go badly. The support group has the names of recommended lawyers on their site. Take a bit of time to read up on your rights in custody, especially the benefits of not commenting in interview.
DO be careful who you speak about this to. Admit your involvement in criminal damage / disorder ONLY to people you really trust.
DO try and control the nerves and panic. Waiting for a knock on the door is stressful in the extreme, but you need to find a way to get on with business as normal. Otherwise you’ll be serving the sentence before you are even arrested.

protect yourself
- Homepage: http://www.fitwatch.org.uk/2010/11/12/beating-police-repression-after-the-student-occupation/


"Of course I said it was me, as i have nothing to hide"

23.12.2010 15:17

You are new here, aren't you? You might be very intelligent but you are certainly naive. If you don't know how to talk to cops then say nothing. Assume the cops are the most dishonest, disingenuous people you have ever met, they even admit that as 'anything that you say will be used against you', whether it is an irrelvant detail or a claim to innocence is irrelevant, it will all be used against you. It is safe to assume that even if the cops know you are innocent then they will still try to convict you. So never confirm any fact, if you want to speak to them then speak obliquely. What you should've said, if you were experienced enough to speak at all, would'[ve been "Half the people in that video could be me, but I never threw that firework'.

Most people convict themselves in interview, and even the smuggest of us says things we shouldn't even if we are trying our best not to, or let's something slip that we falsely assume is irrelvant to the police. If you have experienced all this, then there can be some advantages in talking to the police, but if you are so innocent that you think your innocence defends you from police injustice, then repeat the mantra "No comment" until enlightenment occurs.

Conspiracy to Conspire to...
It's the most bogus of charges, the renamed SUS laws. There shouldn't be any trials without juries, and there shouldn't be any juries who aren't told about Jury Nullification. The elite again have convinced us that the law is what they claim it is, but since the Magna Carta that is a lie.



Danny


just one more thing...

23.12.2010 15:58

cos its worth repeating over and over again: never say anything - not at interview, not at the custody desk, not anywhere. NO COMMENT. It is NEVER in your interest to say anything to a police officer. Police are not friends so do not feel obliged to talk to them, EVER. They will record everything and use it against you or against others.

neversayanything


IN THE INTERIEW

23.12.2010 17:23

you dont have to say no comment though that is definitely an option, but one the police will try to use against you in court. If you have aspects of your defense (such as that couldn't have been me, I left ages before you said I did that) which you would like to use in court, and you say no comment, they can argue you have made up this defense after the fact, otherwise you would've said it in the interiew.

One thing you can do, which seems to work well, is when you meet your solicitor before the interview (and refuse to take part in the interview if you have not spoken privately to your lawyer before), write a statement of whatever you want to say, your version of events, or whatever. Then during the interview, inform them you will not answer any of their questions as you already have said everything you wish to in your statement. They will then ask you many questions to which you can answer no comment knowing that it will not harm your future defense

previous comments are correct. do not get blokey with the cops, they are only trying to get you to say something. Do not admit anything. Do not ANSWER them anything. Only tell them what you want to say

loop


^^^^above advice is disputed

23.12.2010 17:41

Here's the freebeagles line on interviews:

3.5 Interviews

Do not agree to be interviewed without a solicitor present. Any interview will be tape-recorded and you are entitled to have a solicitor present free of charge, regardless of your income. These safeguards exist to prevent the police from fabricating evidence or being too aggressive.

Before questioning you the police must caution you along the following lines: “You have the right to remain silent, but it may harm your defence if you fail to mention now anything which you later rely on in court. Anything you do say may be used against you.”

You have the right to remain silent and you should exercise this right during interview and at all other times. If the police sense that you are scared or in any way unsure, they may use any number of tricks to try to get you talking. Eg:
The sooner you make a statement the sooner you can go home.
If you don’t make a statement then you won’t get bail.
If you’re innocent then you have nothing to hide.
We just want to hear your side of the story.

These are all just tricks to get you talking. The only reason you are being interviewed is because the police are seeking more evidence to charge you with an offence. The interview is for their benefit, not yours.

One trick they sometimes use is to say that the main activists – “the ringleaders” – won’t risk getting arrested themselves and are using you and letting you take the rap. Don’t be taken in by it. This is a classic ploy adopted by the police to turn people against each other in order to gain evidence. They have arrested you, because the arresting officer thinks you are guilty of an offence. The custody sergeant has authorized your detention in order to gain more evidence to secure a conviction by questioning you.

Anything you say outside the taped interview may also be used in evidence against you – for example an informal chat in the police car after you have been arrested. The police often try to engage you in friendly conversation as they are taking your fingerprints or DNA – make no mistake, this is an attempt to gather evidence and you should not be taken in by it. If you are in any doubt about this, have a look at news archives on the internet and you will find any number of cases in which evidence was produced of what a suspect said outside the interview room.
You should also be aware that the police sometimes bug police cells and any evidence obtained in this way is admissible in court.

3.6 Right to silence and the “Adverse Inference”

Despite what the police or anyone else might tell you, the right to silence has not been abolished. A magistrate or jury may take in to account the fact that you remained silent during interview and draw an “adverse inference” from this (ie this could count towards evidence that you are guilty). Because of this solicitors sometimes advise suspects to make a short statement to the police. Our advice however is to remain silent for the following reasons.
Firstly, the police are only interviewing you because they are looking for evidence in order to charge you. They cannot charge you simply on the basis that you refused to make a statement.

Secondly by talking to the police, you may not only implicate yourself in crime, but also others as well. Your interview could lead to other people being arrested and charged. They may then make statements implicating you.Your solicitor may not care what happens to other activists, but you should.

Thirdly, most people – even experienced activists - find that once they have started talking it is very difficult to stop. If you try to lie you may soon end up tying yourself in knots and making matters worse.

no comment
- Homepage: http://www.freebeagles.org/articles/Legal_Booklet_4/lb4-3.html#5


No comment

23.12.2010 17:57

And its worth adding, if they think they have enough evidence to secure a conviction they won't even interview you.

So, if you haven't blown your chances, I would say that the fact they interviewed you is encouraging. Even more so that they went through the rigmarole of the five o'clock knock etc. to soften you up. Also they may know full well it wasn't you, but by putting the frighteners on you hope you will incriminate someone else.

No comment every time!

I trust your first taste of repression whets your appetite to resist.

All the best.

squatticus


"no comment"

23.12.2010 18:03

NEVER, EVER, admit to anything that the police accuse you of. Not even of being the person in the said video.

I have also been in a similar situation - I was advised to make no comment. So the arrest for 'violen disorder' was reduced to a caution for affray (which my solicitor still thought too severe).

Anyway, good luck - but don't admit anything in the future!

Krop


dont stress. :)

23.12.2010 18:59

the pigs love to do this to gather evidence and trap people into unknowingly implicate themselves or their friends. keep calm and dont stress. they want to make you think twice about going on demos/actions and the first few times it can be scary but you get used to it. take a book on actions as some times they let you take it in to your cell and you can also ask for shoes and a jumper so you can get some nice clobber too. but always say no comment. dont let the pigs get you down. love and riots.

anonymous


thanks

24.12.2010 10:26

I would like to say thanks to the poster for putting forward this account. Its not clear if this was your first time being arrested but if it was, then it is a strong thing to do.

While I'm completely in accordance with all the posts that always "no comment" in the police station I am really wary of those (on this post and others) which are arrogant and knowing. Its great we have the benefit of this knowledge and experience - it certainly helped me when I first got arrested - but simply shouting without setting out why is not helpful. This is why the post from freebeagles was useful - it explained why no comment is important. Its a bit hard on those people who have not ever been in a position of coming up against the state like this. Otherwise all you are doing is coming across as if the only people who should break the law or go on demos are the "experienced militants".

Please, acknowledge that people are pretty shocked by the violence of being arrested and give encouragement/explanation. It is all self-evident once you've been arrested, but if you've not had that experience or a group around you with that sort of experience then its not necessarily that obvious. Being sneering and criticising is the best way to drive away people who have been potentially further radicalised by the experience.

FTP


Video

24.12.2010 11:34

The police often require you to identify yourself in any video or images.
in order to charge you a "s1-11 form" must be submitted to CPS, this is the only reason you are questioned to obtain these answers, not to explain its all some big mistake, the police dont do innocent !
On this form they need the answers to 3 questions to proceed.

1: Was the person at the scene :
2. Has this person confirmed they were anyway involved in the incident:
3: Has the Person admitting to the possible charge: yes or No

how they obtain this:
1: Was the person at the scene :
By Asking you where you were at such and such time , or by showing you pictures and asking you to identify yourself, by obtaining any other evidence such as mobile phone records or pictures you took from your computer
2. Has this person confirmed they were anyway involved in the incident:
Tell us Your side, "soft soap story time", tell us how you were not doing anything wrong, this establishes you WERE involved in a incident.
3: Are they admitting to the charge: yes or No
If Yes : you get nailed, If No then the 2 answers above will be used to formulate a case.
You must always stay cool remember they have only one Aim, to nail you, they only "do" +++ results and never forget that the police do everything by the book, but as soon as you do it by yours they accuse you of trying it on, been awkward, coming the **** but always remember they never put their book down, stick to yours and shut your mouth !

Tony


Some very good advice lifted the right-wing old holborn blog

24.12.2010 12:06

You're in the wrong place at the wrong time and despite my wise words to remain peaceful when in the presence of those we pay to keep the peace, you are suddenly in the back of a Police Van.

Now it's going to get interesting. Many avenues are open to you. Consider them wisely as you are driven to the Police station.

Firstly, golden number one rule. Remain peaceful. The people who now hold you are bigger than you and there is more of them than you. No one ever escapes from a custody suite by violence or shouting. Plenty escape by simply knowing their rights. Do not resist. Do not struggle. You are going to use your brain, not your brawn.

Contrary to what your surroundings may tell you, you are very much in control. Be confident.

Firstly, the custody officer will want to see you. His job is to protect you, so make sure he is qualified. Politely ask to see his warrant card. You have now established in one question that you are not an ordinary customer. You have made it clear to him that you know the system and your rights. His attitude towards you will change immediately. You are going to be challenge to him.

Now shut up. Simply do not say another word. There is a process to be played out and you being a wise guy is not going to change that. You will be searched. I never carry ID, credit cards, driving licence, nothing. I rarely carry a mobile phone and keep a special blank pay as you go sim for when I am out and about as Old Holborn.

You may have me in custody, but you have no idea who you have and I'm not going to tell you. Assuming you were not arrested for stabbing the Queen, all you have to worry about is time.

You may now begin your demands. Tea please. Lots of it. Every ten minutes. A drink of water. Some food. Some paper and a pen. You are cold. You are hot. I'd like to see the duty doctor. I have a headache. All done with the utmost politeness.

Expect hours and hours to pass. You are sitting in a cell because you will not cooperate with them. You will not answer their questions. You have done nothing. Demand to see a solicitor. Immediately. Do not be aggressive. Remember, you are in control.

They will take your photo and your fingerprints plus a sample of your dna via a cheek swab. Again, they no idea who it belongs to. You on the other hand want the name and number of every officer anywhere near you. And more tea.

Now they will ask you more questions and tell you what offences you have committed. Shut up. Being open and honest and hoping to talk your way out is not going to work. It never does. It just makes it easier for them to process you, tick some boxes and file some reports, hit some targets and go back to reading the paper. More tea please. And the doctor again, I feel unwell. Remember, the Police are not the slightest bit interested whether you are innocent or guilty, they are just looking to charge you with a crime. Any crime It is their JOB.

Remember, the Police are allowed to lie to you. They will tell you awful things will happen to you. They will tell you about how they deal with "awkward customers " like you. Simply smile. And demand more tea. The police have HUGE discretion over who actually is charged and who is quietly released with no further questions.

If they really have evidence, they will use it. If they don't, just opening your mouth may well provide them with all they need. So don't.

The above scenario will see you in custody for anything up to 24 hours until, quite literally, they are bored with you. So what, you have all the time in the world. You have no charge, no record and no bruises. Remember, your name and address are useful to them. So don't give them.

PC Gotcha


turning the tables

24.12.2010 13:58

firstly do stick with the no comment line in interviews as a general rule... UNLESS you have been denied your right to counsel (contrary to popular belief you don't actually have a right to a phone call made by yourself but they should let someone know where you are if you ask them to especially if you are under 18 or a 'vulnerable adult')

Secondly if you have not been allowed to speak to a solicitor then wait until you're in an interview room being taped then ask for a solicitor... repeatedly... "I will not answer any questions until I have spoken to a solicitor" simply because it is very difficult to draw an adverse inference from someone who has implied that they will answer questions provided they can speak to a solicitor first and it may provide you with the opportunity to bring an action against the police yourself at a later date. (They can't lose those tapes and they have to let you have access to them)

Thirdly learn the Police And Criminal Evidence Act (PACE) like the back of your hand because this covers the way they can arrest you and how they can collect evidence... if they breech it you may be able to get evidence excluded if it comes to trial or if it's sufficiently serious you may be able to get the entire case thrown out (and possibly bring a case for wrongful arrest against them) if you think it has been breeched ask your solicitor to investigate it.

Fourthly do not do anything stupid like telling your counsel that you did whatever you are accused of even if they're a friend or family member. They CANNOT defend you if they know you are guilty.

Fifthly if you're arrested outside office hours don't let them try and tell you that it's too late/early to get a solicitor... the vast majority of criminal solicitors have out of hours numbers even if you are planning on changing solicitors at a later date take the one they offer you until you can get hold of the one you want. (although you can request a new solicitor if you don't like the one you've been given)

anon


The police...

25.12.2010 13:53

... only interview you under arrest to gather evidence to hand to the CPS in order to lock you up. They don't interview you to eliminate you from their inquiries.

You don't have to prove your innocence to the police but they can use anything you say to help the CPS prosecute you. The only people you have to prove anything to is a judge and/or jury so save anything you've got to say until you are in court.

NO COMMENT!

Rudeboy


I would say...

27.12.2010 07:24

..that its wise to remember that the police are as individuals, ordinary geezers... and dont fall into a 'them and us' mentality. I was arrested in Hyde Park for cannabis possession the other day whilst passing through London. The vibe from the experienced officers was very seige mentality...trying to put me in a catagorisation...thats not going to be helpful. Just chat normally...and obviously only tell them what you want them to hear. Ok I know that it can be difficult to break down the barriers in this way...but the police need to realise that, I, us, are human beings and not 'issues' or subhumans.

Tree of Satta


@ the Tree

28.12.2010 14:17

You get bad cops and worse cops. They have to be a little screwed to want to be a cop but the training and their experience makes them worse than they were when they enrolled. The most genuine cop should be treated like the worst of them. Judge them by their deeds not their words.

I had the opposite experience from you, I was raided on a serious but false allegation. They didn't have a warrant, but they had enough robocops deployed to suggest a warrant wouldn't have been much of a delay for them given the circumstances, so I negotiated them free entry as long as they didn't prosecute or investigate anything irrelevant to their stated reason for the search. That may seem stupid to the folk who say 'all cops are bastards', but lives depended on it so I had no choice. During the search they could have done me for possession or incitement or maybe even terrorism but they stuck to their word and left. The mass of cops perform their assigned task amorally and those retaining a moral sense stop when they have done the bare minimum. An anology is the fact that a majority of conscripted soldiers deliberately aim to miss. Even most cops don't want to be bastards, but you have to treat them as such when they accost you, the way they'd act if their fellow police interviewed them on an unjust charge. In general, it is safer donating a kidney to them than confirming anything in interview.

anon cow


@ loop and Tree of Satta

28.12.2010 20:00

loop, though that is the wording of the warning (anything you don't say and later rely on in court blah blah), your advice is loopy. I like the comments that are about turning the tables and regaining your power in the cop shop, but it is still their territory and it's best to wait till afterwards, when you and your solicitor of choice (not the duty) are in good mind and at ease, to figure it out - do it in a police station and you'll end up inadvertantly incriminating yourself.

Tree, do NOT chat normally - that is exactly how you dob yourself in. Of course they are individuals, but they are in and part of a system that is out to fuck you up. Doesn't matter if they are loving parents are kind hearted in other situations. End of.

looping da loop