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What constitutes 'being arrested'?

Discussion in 'Main Forum' started by Panel Man, Jan 12, 2012.

  1. Panel Man

    Panel Man Secret prototype +

    Messages:
    1,830
    I confess, upfront, that this occurred to me today while I was driving my car, not my bike, but the same principle applies, I think.

    I was proceeding north along the A-23 at a very legal 40mph (according to my SatNav) when a HiVis'd Burly Copper separated himself from his group of colleagues on the pavement, stepped into the road and signalled me to halt.

    I obeyed, wound down the window and asked how I might be of assistance. He told me the Metropolitan Police are having an area-wide crack-down today, Sir, on uninsured drivers and are stopping cars at random. What is my name? Am I the insured driver for this vehicle? I answered both questions (because I knew the answers) and he looked up to one of the gaggle of beVis'd colleagues and shouted my name at them.

    There was an exchange along the lines of, "Awite"? "Wot"? "Awite, yer"? I observed much arm waving and gesturing upwards with thumbs; the afore-mentioned Burly Copper then told me I was free to go and waved me into the traffic.

    My question, asked here in all innocence, is why should such a check be made? Why would they have chosen my car (a scruffy, 'P' registered Turbo Nutter Bastard Subaru Impreza) out of all the '55' and upwards, clean family saloons going our merry way (if one can be merry at 40mph)? Is it not possible to check via number plate recognition whether a car is insured? Yes I realise that doesn't check the actual driver but I consider that my peaceful progress along the road was 'arrested'.

    I do not want to sound like one of those scary women to be found in the Ramblers' Association who brandish a map from 1967 showing a right of way across this field, and by golly, Doris we are going across it! I also don't want to obstruct a policeman in the execution of his duty (whatever that can be expanded to mean) because there are naughty people about who might be tempted to drive while uninsured, and I'd hate to be crashed into by them.

    But I have to admit it did cross my mind to ask what did the officer observe which made him suspect I might be committing an offence, that being the presumed justification for pulling me over. Few of us live lives and drive vehicles which could withstand a really determined examination by a Policeman, if he was searching for some justification, however flimsy.

    This was nothing more than a minor inconvenience and I was delayed ('arrested') for no more than a minute or two. But is this the thin end of the wedge? I would hesitate to ask for the Policeman's right to stop me, fearing some sort of retribution: ('We've got a right one 'ere, Constable: give 'im the works'). It is but a short stride from this to being made to empty the boot; turn out your wife's hand bag - indeed I have passed through customs at the Channel Tunnel where a vehicle was being comprehensively disassembled, seats, carpets, headlining and so on were all on the ground beside it. It may be urban myth, but I believe the authorities are not obliged to return the vehicle to its previous condition and can just shrug their shoulders, agree there are no drugs or very, very bendy Vietnamese hiding in there and walk away.

    Does anyone know what is the letter of the Law here and how Policemen are guided to apply it? Of course, if anyone knows of a fool-proof way of finding and stopping uninsured drivers just by sitting at a computer, I may be able to help you make a fortune!
     
  2. rhanmore

    rhanmore Moped +

    Messages:
    97
    I think i get what you are saying but they are the law and as such can do pretty much do what they like. I guess they assume that by driving what is seen as a boys racers car (i like scoobies) ,you are more likely to be uninsured because the insurance will be more expensive. And if you own a newer car the chances are you are going to have it insured as you can afford to or you wouldn't be driving it. I think that system is more than a bit floored but also the older a car/van/motorbike is, the more likely it is going to have something wrong with it (ie numberplate hanging on by a thread, blown bulbs, bald tyres, fake MOT etc etc) so by increasing the Polices chances of making some money from the fines :cry2:

    As for the law bit i don't have a clue but like you've said if you start complaining to them they are only going to look even deeper and harder into trying to have you for something, its just the way it is :cop:
     
  3. GuzziRob

    GuzziRob Race Rep +

    Messages:
    896
    Well IMHO. Middle age man driving scruffy Impretza always worth a pull.
    No doubt somewhere furthur back you were ANPR'd on the car, it said it was insured and passed that fact and your identity to his mate the "Burly" one. Policeman thinking ---- has it been stolen and on false plates?
    He pulled you you gave the correct name and your're free to go.
     
  4. Les

    Les British Superbike +

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    2,559
    They'll have needed prior authority to set up the road check to stop random vehs (under PACE/RTA for document checking or similar power, ie; anti-terrorism etc) without first witnessing an offence. Once stopped it becomes a bit of a fishing exercise for other offences & is a handy power for them in order to delve deeper. Seat belt law was great as an excuse to tug, often those who didn't use it also had no ins/lic/drinkdrive etc & often turns up stolen gear in vans/car boots. They need to justify any further suspicion, ie; smell within the car, evidence of off weap, screwdriver for ign key etc. to search further. Personally I don't mind this if it means catching those who deserve it but agree it can appear random/inconvenient. Sometimes it's also used as a way of showing newbie cops how to find offences from an otherwise 'innocent looking car' which is invaluable to them. Stereotyping will always be around & anyway, middle aged man in Pretza could be a pervert:(. You could've asked them why they stopped you in particular & would've been told.
     
  5. Les

    Les British Superbike +

    Messages:
    2,559
    Oh yes, & you'll have been 'helping them' not arrested. There's a long list of 'arrestable offences' for which you'll be told their grounds at the time.
     
  6. Panel Man

    Panel Man Secret prototype +

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    1,830
    Is it 'cos I ain't black? Or 'cos I'm from the Tunbridge Wells Massive innit?
     
    Sporty1200, kitten_art and rhanmore like this.
  7. BlackHornet

    BlackHornet Look before you turn Staff Member Moderator +

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    7,985
    well it's a dodgey looking car :D
     
  8. Les

    Les British Superbike +

    Messages:
    2,559
    I got a regular tugs while riding too fast, home from work when passing the Farningham pub on the Wed eve bike meets. In the end I always asked "Is it cos I'm black". The look on their faces was great as they couldn't deny my right to thinking I was black.
     
    Sporty1200 likes this.
  9. Panel Man

    Panel Man Secret prototype +

    Messages:
    1,830
    It just seems to me that the over-zealous Policeman who feels it to be his duty to be a wee bit mischievous could spend his whole time pulling likely villains based on utterly subjective tosh (my white colleague's kids, who all went to public school and are highly respectable, are all black with giant afros - their Mum was black - and they are always being stopped). It's too easy to make up something: 'I thought he was driving in an unsteady manner'; 'the tyres looked to have less than the minimum tread depth'; 'I couldn't see his sidelights'...

    Do we citizens have any real protection against this (without turning ourselves into raving vigilante-types)? Is it my fault that I cannot (yet) afford a newer car, nor to polish it so it gleams in the sun? Just because some people choose to wear baseball caps backwards and have Rude Boy exhausts should I also be requested to help the Police in their enquiries? (I still think I was 'arrested' as my free progress was paused, temporarily).
     
  10. JimG

    JimG British Superbike +

    Messages:
    1,064
    I suspect part of the reason you were selected was because unlike when your vehicle was new, it's current resale value means that a youngster who can only afford that value of car, would probably not be able to afford the insurance which may be several times the value of the car.

    That and the fact your "50 year old ex banker" comedy mask is hardly going fool anyone. ;)
     
  11. Panel Man

    Panel Man Secret prototype +

    Messages:
    1,830
    But I just told him my name - he didn't ask me to prove it. I might have been called Rob Head and just borrowed my mate's car while he was abroad. If they want to catch Bad Guys, don't they have to be a bit more thorough? I'm not switching arguments here, honestly: either it's to weed out the miscreant who is likely to have no compunction against bare-faced lies or it's some other reason - maybe demonstrate to the citizenry that the Police are watching out for You! If it is genuinely the former, at least do a document check and count the drugs in the boot!
     
  12. lost

    lost Samsung leaflet fetishist +

    Messages:
    865
    ok he ask's you for documents search's your car keeps you waiting for a hour would you be any happier.
    maybe because he mistook you for a responble citzen he let you go:hah:
     
    kitten_art and Roadwart like this.
  13. Finchy

    Finchy Guest

    If you'd have had the nerve to question why you'd been stopped, you may well have to change your forum name to 'Rodney King'...
    [​IMG]
     
    kitten_art and lost like this.
  14. Finchy

    Finchy Guest

    Come to think of it Richard - are your eyes close together? You are quite tall after all. Obviously these are surefire ways of deducing that you MUST be a criminal. This cunning intuition is taught at Hendon, along with finding out if a woman is a witch by seeing if she floats (although in fairness, the woman must possess the prerequisite big nose and wart).
     
    Sporty1200 likes this.
  15. kitten_art

    kitten_art Race Rep +

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    1,768
    :eek:
     
  16. Panel Man

    Panel Man Secret prototype +

    Messages:
    1,830
    My ears are getting bigger too... (like all men as they age). All women I ever met have floated. Can I make reliable deductions from this??
     
  17. kitten_art

    kitten_art Race Rep +

    Messages:
    1,768
    Think it may be something to do with built in buoyancy aids, not skullduggery of the witchy kind :p.......they can also double up as arrest avoidance attachments too, in an emergency. :lol2:
     
  18. kitten_art

    kitten_art Race Rep +

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    1,768
    Not too sure what ever growing lugholes are good for though :confused:
     
  19. Finchy

    Finchy Guest

    Yes - that they've cast the 'Ever Growing Ears' spell on you. Clearly you don't have the correct skillset to be Police Hofficer.
     
    kitten_art likes this.
  20. Roadwart

    Roadwart Administrator Staff Member Administrator +

    Messages:
    6,721
    I think the reason you were "chosen" further checks was mainly because Dibble knows that your car "fits the profile" of the type of car (age, make, model, mods etc) which has been found to be the most likely to be driven uninsured. He also knows

    • Irrespective of age, race, sex etc, not everyone is honest.
    • Who the car is registered to etc because ANPR has picked you up, analysed you & blatted those details to him.
    • ANPR isn`t always up to date (It can take up to about a week for your insurance details to sync with the Police National Computer System)
    • The car may be insured but the driver may not be on that insurance.
    So by asking 2 simple questions & you matching the answers he has & he`s happy. As Les also mentioned, it gives them a chance to detect other crimes such as vehicle theft, drug dealing, drink driving etc. Its amazing how many drug dealers, thieves etc are nabbed at simple road side checks because of smells or something left laying on the back seat.
    As to were you "arrested" is a bit more difficult because you were & you weren`t. In the literal sense, yes you were as you were stopped. Legally, as you were not told you were under arrest, the reason for that arrest & read a caution, you were not arrested.
     

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