Spain has very serious laws about entering private property - Image Source: Subdelegación del Gobierno en Sevilla
SEVILLE’s Supreme Court has upheld the conviction and prison sentences of two Policia Nacional officers for the illegal raid and arrest of a suspected drug dealer.
In February 2014, two officers stationed in Seville’s Macarena district took ‘advantage of their status as police officers on duty’ to illegally raid and arrest a young man ‘whom they suspected of being involved in drug dealing’. Without any warrant or proper proceedings, the two officers went to the suspect’s address on Avenida de Pino Montano where they were met by the man’s mother at the front door.
After she told them her son was home, they entered ‘without asking permission from the residents and without being provided with a warrant to enter and search the home’ which is a serious offense in Spanish law. The officers spent fifteen minutes raiding the man’s bedroom, where they ‘found a bag containing about 80 grams of cocaine’ as well as a small knife.
Upon arresting the suspect and taking him to Macarena District station, they made a false report that the man had been detained on the streets and not at his home. They claim the cocaine had been found on the street nearby, leading them to believe it was in his possession.
After a criminal investigation into the police’s malpractice, the High Court ruled that both officers had acted on ‘mere suspicions’ and that they had provided enough evidence ‘to know the level of seriousness’ about their allegations against the man. Both were convicted in January 2019 of breaking and entering, illegal detention, and falsification of official documents. They were each sentenced to 4 years and 9 months in prison, which the court of appeals has recently upheld.
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