Hough v Chief Constable of Staffordshire Police

[David Howe]

> David,
> With respect,
> In several jurisdictions in the US, the cop who stops you for driving can
> print you and then access through a PDA style device the rap
> sheets/prints/wanted records of felons and grab you on the spot if you fit
> the bill. I am not suggesting that known/wanted felons should be able to
> strowl off on their merry way, but that entries that do not in themselves
> justify an arrest, or may or may not justify an arrest (based on the
> reasonableness of the source of the information) should always be open to
> challenge. Needless to say an officer must often use his/her judgement to
> effect an arrest and is given fair latitude in doing so- that however is
not
> carte blanche and must be open to challenge to avoid spurious grounds,
> racial judgements, etc. Where, for instance, a wiretap order is granted in
> many jurisdictions that I am familiar with, the information on which the
> affidavit grounding the application for the order is made, is open to very
> tight scrutiny at pre trial motions, which I believe to be the correct
> process, to avoid over reaching, wishful thinking, plain erroneous
> information and the like. Checks and balances to ensure that an accused
can
> challenge the basis of the information on which he is charged is
fundamental
> to the right to make full answer and defence.
I don't think anyone disputes this - the question the judged faced was
this - if the information in the computer record is of sufficient
seriousness to justify in the constable's mind an Armed Response Team, is
that constable guilty of making a false arrest if the data in the computer
is wrong?
IMHO, the constable isn't - but there *was* a false arrest made; who you
hold responsible for the arrest is really the question - what sounds
reasonable as "guns don't kill people, people kill people" seems less
fitting when the agent is a police constable, not a piece of metal - but the
person directly responsible for the arrest is whoever added the computer
record not the police officer on the spot.