Unlawful arrest by overzealous police
Posted: 24 February 2011 07:54 PM  
Tourist
Rank
Total Posts:  1
Joined  2011-02-24

Hello,

I’m writing here due to a very confusing situation. I must first mention that I live in a very small town in Spain, with a parochial mentality and not much fondness of foreigners at the moment.
Last night, my boyfriend, who is a British citizen, was arrested in a pub, with no charges whatsoever. The guardia civil just went there, had a small chat with him and arrested him (he did not oppose at that moment). He was quite drunk yet swears he hadn’t got into any trouble at all and I suppose witnesses can verify that if I have to request that of them. He was handcuffed and taken to the police station, sat in a cell for a few hours, then was interviewed and released as there were no grounds to hold him in the first place. The only explanation he was given was that someone had phoned the police saying he would become violent. But he assures me he had not gotten into any altercations. He has however, a week or so ago, pissed of some bartender who was being unfriendly. But he never went near that person last night. I have no idea who could have made that phone call and how a person can be arrested just based on that, with no evidence at all that he was causing trouble (as he was not). Also, sometime durring his arrest, his right hand was injured, nothing serious, just some scratches and cuts (quite deep though). He said the police handled him with unnecessary force.

They agreed they had no reason to keep him there, that is like admitting they had made a mistake. He did become aggressive due to the absurdity of it all and shouted some abuse while leaving the police station. Not a smart thing to do, I know.
Anyway, early this morning two police officers came and asked for further proof of ID (he only had his drivers’ licence on him at the time). They were asking strange unrelated questions about our daughter, whether she goes to nursery or not. I don’t know what they are planning but according to him they were pissed of they had to release him and are doing their best to get him for something. They said we would receive some letters. Does that mean they are planning on taking legal action? Would that not be ridiculous considering they were wrong to arrest him in the first place? Maybe they are doing that because he gave them a great deal of verbal abuse when he found out he was being held for no reason.

I suppose I should seek proper legal advice, start contacting witnesses and so forth and have a strong case before they surprise us with something. We are broke though so I don’t know how to find an affordable lawyer. I would also love to find out who phoned them with completely false accusations, I don’t know wheteher or not the police would give us that information. Oh, I forgot to mention he doesn’t speak Spanish so whatever has to be done, I have to deal with it.

Thank you for your patience, first of all. Any advice on how to proceed from here would be greatly appreciated. Cheers.

Profile
 
Posted: 28 February 2011 12:17 PM   [ # 1 ]  
Expatriator
RankRankRankRank
Total Posts:  682
Joined  2007-11-01

Is this de ja vu? Or did I read about this on another Ex pat forum?

Just to say Phoneix you have my sympathy… especially if someone is S*** stirring.
The advice given in the forum was sound stuff.

Hope you sort it out..

Profile