Hough v Chief Constable of Staffordshire Police

[Donald ramsbottom]

What worried me about this one was that although the stopping of the car
was legal (dodgy windscreen), when the computer check was done, there was a
note  regarding the owner/keeper of the car, and that an ***occupant*** MAY
carry firearms (why the terminology changed from owner to occupant I do not
know). There was no warrant (as far as I can tell) for the arrest of
anyone. But because there was a note on the computer an armed response team
was summoned, when other than the for note, there was no reason to do
anything other than charge the driver with a minor RTA offence. To put it
into US parlance, there was no "probable cause" to search or detain anyone
(other than the driver for the RTA offence). 

 "The claimant was a passenger in a car stopped by a police patrol
car on a motorway because of a damaged windscreen. A routine
check on the police computer revealed an entry concerning the
owner of the car, warning officers that the occupant might be
armed with a firearm."

The Claimant was a passenger, and may be covered by the words "occupant",
but I would have thought it much more likely that the "Occupant" referred
to the driver as the passenger(s) could be anyone at any given time (unless
named), but this is not disclosed. This being the case I would have thought
the "discretion" exercised by the Officer was as suspect as the entry on
the computer. Now the confusion may be the result of the poor Law
reporting, or again it may be accurate. However, to arrest and search a
person who had committed no offences, was not wanted by any agencies, and
was a third party to a minor RTA offence does seem a little "suspect". I am
fully aware the Police have to make judgement calls all the time, and that
it is a carefull balancing act, but it seems to me in this case, even if
the claimant was a "villain" there was no ***Legal*** reason to detain him.

I posted this one here as if a case such as this were applied say to RIPA,
then if you were in the car with your note book, with your PGP encrypted
emails and mounted and encrypted HDDS, (then as the Claimant was searched)
the LEA would have your notebook lawfully in their possession, and could on
the strength of this force you to reveal keys etc, as you may have further
info on the firearms or whatever on your notebook. 

So we have gone from minor RTA offence, by person A, to the detention of
persons B,C,...., their search and seizure and possible complusory
disclosure of private data and keys, all because of one entry on another
computer about the possible proprensities of person A, and thats all OK and
legal!

Watch out who you drive with, share a LAN with, or even speak to!


Donald Ramsbottom BA LLb (Hons) PGdip
Ramsbottom & Co Solicitors
Internet and Global Encryption Law Specialists & General UK  Law Matters
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