Facts: Assault, battery and false imprisonment, trespass to goods and person by Police
FC returned from shopping downtown to find a search warrant being executed on her residence in Forbes in regional NSW. The warrant listed “prohibited drugs, property, currency obtained as a result of the supply of prohibited drugs, property stolen, or otherwise unlawfully obtained” as the subject of the search. Police detained her in a bedroom and two female officers strip searched her. The officers demanded the removal of FC’s underwear and recorded the strip search on their mobile phone.
They failed to inform FC that the strip search was to occur. Additonally, they did not provide reasons why a strip search was necessary in the circumstances. They did not find anything on her person. FC commenced proceeding against the police in the District Court for false imprisonment, assault and/or trespass to the person, trespass to goods; and claimed general, aggravated and exemplary damages.
Outcome: Sued Police for damages
O’Brien Criminal and Civil Solicitors successfully acted for FC. The State of NSW denied liability for FC’s claims. However it agreed to settle the matter outside of court and paid FC a significant compensation payment.
See also this other Forbes false imprisonment case study which was related to the same incident.
If you think that you have been unlawfully arrested or falsely imprisoned contact us for a free initial consultation. We are experts in this area of law and will be able to assist you in getting the best outcome for your case. Call us on (02) 9261 4281 or email