A routine police stop in NSW escalated into an unlawful arrest, physical force, and a significant breach of privacy for our client.
Ben* was detained for hours and subjected to invasive police conduct despite only being linked to a minor, fine-only offence. Our civil solicitors at O’Brien Criminal & Civil Solicitors successfully pursued compensation after his arrest for running away from nsw police.
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Unlawful Arrest After Running Away From NSW Police Results In Long Questioning
Our client was stopped by NSW police while walking in a suburban street in Sydney. After providing his details, he ran from the police and was pursued, forcibly restrained, arrested, searched, and detained. During this time, police unlawfully accessed and searched his mobile phone. The case involved claims for false imprisonment, assault, battery and trespass to goods.
Running Away From NSW Police Does Not Warrant Arrest And Search
Police officers in Sydney stopped our client and required him to identify himself while he was walking along a suburban street. However, there was no lawful basis for this direction.
Although our client initially complied, he ran from the officers shortly after. Then, officers pursued him in a police vehicle, ultimately blocking his path.
He was then forcefully apprehended. One officer grabbed the Plaintiff and threw him onto his back* and dug his knee into the Plaintiff’s back, making it difficult to breathe. Our client was handcuffed on the ground in view of nearby residents, adding to the humiliation of the situation.
Police justified their actions by apparently saying that they thought he was guilty because he ran away. However, the law does not permit arrest or search simply because a person runs away.
The Arrest: Running Away From NSW Police
While restrained, our client was searched and later arrested for “fleeing from police”, an arrest which had no lawful basis.
The situation escalated further when, after questioning, our client admitted to an offence that carries only a fine. Despite this, police arrested him again instead of issuing a court attendance notice, which the law requires police to consider for minor offences.
He was then taken to a police station, where police seized his personal items.
Most concerningly, police demanded access to his phone. When he refused, he was told he would not get it back unless he provided access. Under this pressure, he complied. Police then accessed and searched the contents of his phone without lawful authority.
Our client remained in custody for hours, amounting to a complete deprivation of liberty without lawful justification.
As a result of this conduct, our client suffered distress, humiliation, loss of dignity, and ongoing distrust of police.
Claim Against The State of New South Wales For Unlawful Arrest
Our civil lawyers successfully pursued the claim against the State of New South Wales because our client was arrested after running away from NSW police. Our firm has extensive experience taking actions against law enforcement.
This particular case established that:
- The initial stop and requirement to identify were unlawful
- The pursuit, arrest and use of force were unjustified and excessive
- Arrest for a fine-only offence was improper
- The prolonged detention amounted to false imprisonment
- The seizure of property and phone access constituted trespass to goods
- The phone search was a serious and unlawful invasion of privacy
Our client obtained compensation in his civil case against the state, including damages for:
- False imprisonment
- Assault and battery
- Trespass to goods
- Emotional distress and humiliation
- Aggravated damages due to the manner of police conduct
Do You Need A Lawyer For Suing Police?
If you have been unlawfully stopped, searched, arrested or had your phone accessed by police, you may be entitled to compensation. Remember, running away from NSW Police does not warrant an arrest and search. In some cases, we can set up a free appointment with the civil lawyers in our Sydney office.
*We always change the names and other identifiable details in case studies to protect client privacy.
Enquire online by filling in the form below or call O’Brien Criminal and Civil Solicitors on (02) 9261 4281.
