Keywords: False Imprisonment; Assault; Trespass to Person; NSW Police
Police drove passed BL in their vehicle whilst travelling in the opposite direction, then subsequently performed a U-Turn and directed BL to pull her vehicle over. Police demanded to see BL’s licence and then breathalysed BL. BL complied with police directions and produced her licence and underwent a breath test. The breath test returned a negative result. The police then conducted a full search of BL’s vehicle in which nothing suspicious was located. The police then conducted a personal search of BL without providing an explanation of why it was necessary beforehand. The search took place on a busy highway in full view of other motorists. BL was shocked, distressed and humiliated by the actions of the police.
O’Brien Criminal and Civil Solicitors claimed that the conduct of the police was high-handed, unwarranted and that both the personal and vehicle search were unlawful. We further claimed that police had breached various sections of the Law Enforcement (Powers and Responsibilities) Act 2002 NSW (LEPRA). We held that the Plaintiff had been unlawfully imprisoned for approximately 15 minutes.
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