CDB v State of NSW – Successful claim for false imprisonment, invalid search warrant, trespass to land, trespass to goods

Facts: Crime Scene Warrant executed and Occupiers Notice given to plaintiff as home searched

The Plaintiff, CDB, was at home one afternoon when several officers approached his house to purportedly execute a Crime Scene Warrant. Once at the door, the officers yelled words to the effect of “open the door”, to which the Plaintiff replied, “what’s going on?” The officer loudly commanded, “open the door.” CDB then opened the door and let the police in.

The officers handed CDB an Occupiers Notice began searching the premise, overturning draws and emptying boxes. The Plaintiff was unable to leave the premises, and was fearful to object to the actions of the officers. During the execution of the warrant, police seized several of the Plaintiff’s items. The police did not return his property until 4 months later. The Crime Scene Warrant was challenged in the Supreme Court of NSW and declared invalid. The subsequent property seizures and detention during the search were therefore considered unlawful.

Outcome: false imprisonment, trespass to land and trespass to goods by NSW Police

O’Brien Criminal and Civil Solicitors commenced civil proceedings against the State of NSW for false imprisonment, trespass to land and trespass to goods by NSW Police. The matter was settled out of Court prior to trial and CDB was well compensated.

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