Execution of search warrant followed by illegal strip search
FC and JS were female occupants of a premises in Forbes, NSW that was subject to a lawful search. Police attended at their premises and presented the valid search warrant. Police had begun searching the premises and demanded that FC and JS stay within the lounge room.
After the search had been conducted for some time, both FC and JS were taken into a bedroom and ordered to remove their clothing one piece at a time for a strip search. Each piece of apparel was examined by police and then placed on the ground. FC and JS were left to stand naked in front of a female police officer.
No lawful basis for strip-search
O’Brien Criminal & Civil Solicitors filed proceedings in the New South Wales District Court, asserting that the strip search conducted during the execution of the search warrant was unlawful. Both FC and JS claimed assault and battery as a result of the strip search.
It was asserted that there was no lawful basis for the execution of the strip search. The strip searches were simply arbitrary and there was no lawful basis for their occurrence. Further, the police officers conducting the strip search had no reasonable grounds to suspect that such an action was necessary at all.
Illegal strip search settled for a large amount of money
Aggravated and exemplary damages were claimed on the basis that FC and JS were embarrassed, humiliated and intimidated by the actions of police. This constituted a cause for general damages, in which the circumstances were aggravated by virtue of a totally unjustified strip search. Exemplary damages were also claimed on the basis that the conduct of police was high handed, unwarranted and manifestly excessive, showing contemptuous disregard for the rights and privacy of each of our clients. The matter was settled prior to trial for a considerable sum of money for FC and JS on a confidential basis.
O’Brien Criminal and Civil Solicitors are able to pursue your possible claim anywhere in Australia. Please don’t hesitate to contact us today on 02 9261 4281 or by email at