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ABUSE OF POWER?
Page 55
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QAs an owner-driver of a new 38-tonne Scania I pride myself on its appearance, and as the cabin is a second home I treat it as such. In December I had my 12-year-old son with me and I had a problem with a fridge trailer and, therefore, parked up in a layby to phone for help (I can't yet afford a cabphone). I left my son in the cab and walked to a phone about 1 km up the road.
While I was away a police car stopped behind my vehicle and the officer asked my son what was wrong. My son told them where I was and with that one of the policemen got into my seat, opened the tacho head and then opened my glove box and proceeded to search it.
You can imagine my indignation when I returned. Do they have the right to do this?
JC, Bedhampton A Nol they definitely do not have the right in these circumstances and they abused their authority. The Police and Criminal Evidence Act describes a "vehicle" as a premises. No police officer has the right to enter a premises without a warrant, unless he has reason to believe that an offence has been committed, is about to be committed, or that there is stolen property in the vehicle.
1 cannot imagine, with your son's explanation, where the police could have conjured up any of the above evidence to search your vehicle.