My gf got arrested by met police out of nowhere is it legal?

Question

My gf got arrested by met police while she was shopping, then black guys approached her to ask for lighter then bunch of them trying to touch her bag if she has lighter suddenly police came and arrested my gf and those bunch of guys, they gave my gf a figerprint test and even took her picture, dna and drug test! is this legal? my gf is in shock, she's so afraid to go out already is there anything i could as her bf to protect her? is it legal in the UK system to gather her information without any proof? they just said she was in the drug scene while those guys eventually are drug dealers, police didnt treated her badly but she was in a shock, she couldnt even make a phone call?! what kind of system is this? and is it even legal? please advise thank you

Answer 1

Don't know exactly of legality of it all, but couple of things I can tell you:

1. American's have a system of "probable cause", i.e. they are not allowed to stop/detain someone unless they have good reason to believe they are commiting a crime. I believe the system here is not exactly the same, therefore maybe the police were acting within the law.

2. The "right to a phone call" is also an American thing. You don't have the right to a phone call in the UK. You do have the right to see a lawyer, but that's about it.

Answer 2

Your Girlfriend would have been arrested on suspision of committing an offence - this may be like aiding or abetting. This would have been explained to her on arrest and again at custody.

Upon arrival at a UK custody you have rights to:
1/ Legal reprisentation
2/ The right to have someone informed that you are in custody ( this call is made for you and there is no right for a phone call )
3/ You can also read the Policing codes of practice should you want to.

If the arrest was unlawful the custody sergeant would have interviened. The officers were acting with in the law

Answer 3

It would seem that this gang of Black people were being watched by police, their actions with your girlfriend could be seen as her being involved, perhaps trying to offload the drugs on her?
Even if she protested her innocence at the scene, the police can still arrest if there is any doubt as to her story.
I know your Gf is innocent but what if she wasn't? should she have been released if she gave the same story? People would complain then, wouldn't they?
The problem with policing is that sometimes innocent people are arrested and then released without charge once the circumstances are ascertained. This is a very unfortunate, but it is a necessary evil to modern policing.

Answer 4

Carswoody is right again. The police watching the gang would have had reasonable cause to suspect that she was involved in some way. They had to arrest her on suspicion because if they delayed, it would be too late. You say they treated her well. I hope that they released her as soon as they knew she was innocent. Perhaps an apology would not be too much to hope for.
As the American said, she is not entitled to make a telephone call, but she is entitled to have someone told where she is. She also has the right to see a lawyer before answering any questions. If she was not told of these rights, then grumble.

Answer 5

They must have thought she was somehow involved with the suspected drug dealers.Buying drugs perhaps.Anyone can be arrested on suspicion but can only be charged if there is evidence.The police have the power to arrest even if they are wrong.It is legal although unfortunate for your girlfreind.Taking her photograph and fingerprints is normal procedure following arrest and she needs to know these details will now be kept on a data base.Get a solicitor to advise her on her rights and if there is anything that can be done although i very much doubt it.

Answer 6

I'd ground her, too, if I were her parents. That was really stupid of her, and THEY will have to pay for everything. But I see your problem and I empathize. I recommend two things: 1. Go talk to them. It is not YOUR fault she did this. It is not YOUR fault her friend is a criminal. But if you talk to them like an adult, support their decision to punish her (grounding sure beats jail, doesn't it?), and ask them if there is anything you can do to help. You care about their daughter. Let them know that. But be a responsible adult about it, and they will be more likely to cut you a break. 2. If that doesn't work, then about all you can do is stay in contact with her the best you can, via email or text or even write a letter or two. Then wait out the couple of months. When it is all over, her parents will likely chill out and you can proceed as usual. A few months is not forever. Good luck!

Answer 7

Unfortunately for your gf, she was arrested because she was suspected of committing, or being involved in the commission of a crime.

Providing she was read her rights and understood them, and providing she was held in a place of safety, she was treated within the law.

Once an arrest takes place, the Police have the right to take a statement, take fingerprints and a DNA sample.

All DNA samples are kept on a database.

Answer 8

Probably it was legal she was unfortunate in being in a drug bust.
I am unhappy about the finger prints and DNA which will have been taken, it is possibly legal but it will go on the DNA register which we should kick the windows ou of the home office over

Answer 9

I think that it may be legal but your gf has the right to have a lawyer and she should also tell the police what happened with those guys.She should tell the police on how the guys came over to her and were trying to get into her purse for supposedly a lighter.Thats all I got to say and good luck.

Answer 10

Officials can only hold a suspect for 48 hours unless they tell the suspect what they are being charged with within that 48 hour period from the time of arrest.