The following post and accompanying video were shared with the CopBlock Network by Marcus Potter, who has submitted numerous other videos to the CopBlock Network, as well. It was shared via the CopBlock.org Submissions Page.
Date of Incident: August 19, 2015
Officers Involved: Police Constable David Allum 54, Police Community Support Officer Joseph Clark 8130, Police Sgt Stuart Daniels 645 and Derek Kevern
Department Involved: Norfolk (England) Constabulary
Facebook Page: Norfolk Police
Twitter Account: @Email: [email protected]
Department Phone No.: +441953424242
On the 19th of August 2015, I was stopped by Police Constable David Allum 54 and Police Community Support Officer Joseph Clark 8130 in Norwich City Centre, Norfolk, United Kingdom after having videotaped Allum issue a male with a dispersal notice under section 35 of the Anti Social Behaviour Policing And Crime Act 2014.
After I shot my video and the male left, I switched off my camera and walked away. I crossed half way across St. Stephens Street when behind me I heard Allum and Clark call me back over. I was reluctant to do so and asked Allum if I was being detained. He replied that I was not and said to me “I just want to have a chat with you, that’s all.”
I again stood my ground and asked if I had to comply, to which he replied that I did “because you were filming me a second ago.” I explained why I was filming earlier and crossed over back to the side I originally was standing on. Allum asked me for my name and I asked him if he would like to take my national insurance number instead. I then provided him with it, to which he replied that he would “need to take” my name.
I again stood my ground and refused to provide Allum with my name, to which he replied, “the situation is this, OK, because of your behaviour you’ve given me suspicion, OK, in which case potentially I could be investigating a criminal offense here. Therefore, under the Police Reform 2000 Police Reform Act 2002 you are required to provide me with your details.”
Not knowing about that act at the time, I provided Allum with my name, after which he requested my date of birth. I initially refused to provide it, to which he warned me that failing to do so would result in my arrest. I then provided him with it because whilst I knew he had no power to demand it as the Police Reform Act 2002 only allows a police officer to require a person’s name and address, I did not want to be arrested and believed that Allum would have done so had I failed to provide him with my date of birth.
Allum then asked whether I was known to the police, to which I replied that I was as I have had encounters with them before. Allum then radioed the Norfolk Constabulary Contact and Control Room and provided the Communications Officer with my name and date of birth requesting a name check on the Police National Computer which came up with no trace as I had never been arrested as of the 19th of August 2015. Allum then asked me what my real name was, to which I replied that I had already provided him with it. I was then unlawfully detained and searched by him under section 1 of the Police and Criminal Evidence Act 1984 in order to find my identification. He placed his hand into my pocket, removed my wallet and then proceeded to find my provisional driving license. He noted down my name, address, and date of birth on a C3 stop and search form before providing me with a copy of it in addition to a piece of paper explaining police stop and search powers and the police complaints procedure. Allum then placed the license back into my wallet before placing it back into my pocket and informing me that I was free to go. I said goodbye and went on my way.
I formally complained about Allum’s behaviour. This complaint was investigated by Derek Kevern from Norfolk Constabulary’s Professional Standards Department who in part upheld my complaint as I should not have been searched and the search was unlawful. Kevern also found that Allum had no power to arrest or require the provision of a name and address from myself. Kevern found that there was a case to answer for unsatisfactory performance on the part of Allum and his supervisor Sgt. Stuart Daniels 645 as he signed the C3 form without reading it and did not write to me in accordance with force policy. Kevern recommended to the Constabulary’s Human Resources Department that Daniels and Allum receive management advice. I since appealed to the Independent Police Complaints Commission on the grounds that Allum should have been dealt with more strictly bearing in mind that he effected an unlawful detention and also made a threat to unlawfully arrest me.
– Marcus Potter