Unlawful Search by NSW Police Officers: Our client, we’ll call him Terry, was a NSW man who endured a series of aggressive and unlawful encounters with police officers. Despite officers claiming they were acting on suspicion of drug possession, no illicit substances were ever found.
As a result, Terry took a stand and successfully sued the State of New South Wales in the District Court. With our help, he secured justice for unlawful imprisonment, assault, and interference with his property.
Unlawful Search by NSW Police Officers: Case Summary
Between a one year reiod, Terry was stopped and searched by NSW Police on four separate occasions. Each time, he was detained and subjected to vehicle and personal searches under drug suspicion, yet no drugs were ever located. Therefore, Terry filed civil proceedings against the State of NSW, alleging false imprisonment, assault and battery, and trespass to goods. The court ultimately ruled in his favour. The court found that the police’s actions were unjustified under the circumstances and awarded him compensation.
Read our other successful Civil Case Studies.
Detailed Case Overview
Terry’s ordeal involved four separate incidents:
1. Bexhill, New South Wales
Terry was pulled over and detained by police officers. After a drug test returned negative, police nonetheless searched Terry and his vehicle, claiming reasonable suspicion under the Law Enforcement (Powers and Responsibilities) Act 2002 (LEPRA). No drugs or illegal items were found.
2. Further incident in Bexhill, New South Wales
Terry was again stopped and searched by police. He was detained after a roadside test, which came back negative, and subjected to a personal and vehicle search. Nothing illegal was found again. The defence later admitted that there was no positive drug test.
3. Clunes, New South Wales
Police again stopped Terry while driving through Clunes. Officers searched him and his car, claiming suspicion of drug possession. While no drugs were found, they claimed to have found a pipe and knives. Terry argued that the search and detention were unnecessary and excessive.
4. Residential search in Bexhill, New South Wales
In the final incident, Terry was approached and detained by officers in a residential area. Again, no drugs were located, but Terry was searched and detained. The defence claimed they had reasonable suspicion, but failed to produce sufficient evidence to justify the repeated intrusions.
Police defence for unlawful searches
Throughout the legal proceedings, the State of NSW denied all allegations of unlawful conduct. They relied heavily on LEPRA to justify each interaction. However, the court found that the police had not met the legal threshold of “reasonable suspicion” required to justify searches and detentions under LEPRA. The absence of any drug-related findings across all incidents undermined their claims.
Outcome of Unlawful Search Case by NSW Police Officers
The District Court of NSW ruled in favour of our client. The court found that the police had unlawfully detained and searched him on multiple occasions without lawful justification. Terry was awarded compensation for the harm and distress caused by the repeated breaches of his rights.
This case reaffirms that police powers under LEPRA must be exercised responsibly. Additionally, individuals subjected to unlawful actions have the right to seek redress.
Have You Experienced An Unlawful Search by NSW Police Officers?
If you’ve been detained, searched, or otherwise mistreated by police without justification, you may be entitled to compensation. O’Brien Criminal and Civil Solicitors can help.
Contact us today for a confidential consultation and take the first step towards resolution.
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*We always change details in our case studies to protect client confidentiality.
