Two sisters were asleep in their homes when police forced their front door open with a battering ram. The officers were carrying a search warrant, but it named a different unit in the same apartment block.
This wrong address police raid became a claim against the State of NSW. In the end, it settled in our client’s favour before the State filed a defence.
Wrong address police raid
Our clients were a father, Mr Hayes*, and his two daughters. Mr Hayes held tenancy of their unit in a large Sydney apartment block. On that particular morning, our client had stayed overnight at a relative’s home nearby so his daughters were home alone.
A squad of police officers arrived at the block to execute a search warrant. However, the warrant covered a different unit so they had the wrong address.
Allegedly, the person the police were looking for had already been arrested elsewhere before the officers went upstairs.
The family’s front door carried a clearly displayed unit number that did not match the warrant, which the officers should have noticed. The sisters were woken by loud banging, and were on their way to the door when officers forced it open.
What happened inside
We allege the sisters were taken by the arm, sat on a couch in their night clothes and questioned while other officers searched the unit.
One sister asked to fetch her phone and put on some clothes. She was told no, and that she had to wait for a detective. The sisters were also told not to use their mobile phones.
Mr Hayes arrived within half an hour. We allege an officer told him the paperwork was for a different unit and that the squad might have made a mistake. Only then the officers left.
The claim against NSW State for police actions
We filed a claim in court for Mr Hayes and both his daughters against the State of NSW, which is responsible for the conduct of its police officers.
Mr Hayes claimed trespass to his home. The sisters claimed false imprisonment, assault and battery. All three claimed damages, including aggravated and exemplary damages.
Aggravated damages recognise extra hurt caused by the way people were treated. Exemplary damages mark a court’s disapproval of high-handed conduct.
Suing NSW state
The detail in the statement of claim did much of the work. We set out the family’s right to the home, backed by the tenancy and rent records, and the unit number displayed at the door.
We pleaded the sequence of events in order, including that the person named in the warrant was already in custody when the door was forced. We also set out what the family says officers did not do, including showing them the warrant or giving them an occupier’s notice.
The sisters’ dignity sat at the centre of the claim. We put it to the State that the way they were held, in their night clothes, in front of officers, caused particular distress. That distress was heightened by the family’s religious and cultural beliefs about modesty.
What does a search warrant allow police to do?
A search warrant lets police enter and search the premises it names, for the things it lists. It does not let them enter a different home because it is nearby or because a mistake was made. If the entry itself is not authorised, the powers that come with a valid warrant generally cannot be relied on to justify what follows. For the full picture, read our guide to false imprisonment, assault and battery by police in NSW, and see the Law Enforcement (Powers and Responsibilities) Act 2002 for the warrant powers themselves.
The outcome
By the time the matter came before the court for its first status conference, the State of NSW had not filed a defence. The claim then settled, and a defence was never filed.
For the family, that meant a resolution without a contested hearing.
As at the time of writing, and to our knowledge, no action has been taken against the officers involved.
Read more about suing the police in Sydney and our other successful civil case studies.
Need a lawyer to sue the police?
If police have entered your home or held you without lawful authority, you may have a claim.
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*We always change the names and other identifiable details in case studies to protect client privacy.
Past results do not guarantee future outcomes. Every case is assessed on its individual merits.
This content is for general information purposes only and does not constitute legal advice. You should seek independent legal advice relevant to your specific circumstances.
