Have NSW Police Strip Searched you?
Do you believe you have been illegally strip searched? Are you currently in danger of being illegally strip searched?
At O’Brien Criminal and Civil Solicitors, we specialise in civil litigation for police misconduct, including for unlawful strip searches. The firm has substantial litigation experience against the NSW Police for unlawful abuses of police powers.
What Are NSW Police’s Power to Strip Search?
The NSW Police may conduct strip searches, but most do so following strict legal guidelines. These guidelines state the strip searches
- Can only be performed in specific circumstances, including where the urgency and seriousness of the situation makes such a search necessary.
- Must be conducted in a way that preserves the privacy and dignity of the individual during the search.
- If performed on an individual under the age of 18 must be conducted in the presence of a parent, guardian or non-police invigilator.
- Cannot be conducted on a person under the age of 10.
- Must not involve a search of a person’s body cavities or examination of the body by touch.
- Only officers of the same gender as the searched person may observe that individual
If a strip search does not adhere to these guidelines, it may be unlawful.
Damning Strip Search Inquiry by the LECC
A recent enquiry by the Law Enforcement Conduct Commission (LECC) revealed widespread misuse of the strip search powers by the NSW Police Force.
In its investigation, the LECC uncovered hundreds of strip searches that did not adhere to legal requirements. The investigation found that many unlawful searches involved humiliating and denigrating practices – such as requesting people to squat, move their testicles or breasts, or part their buttocks cheek during searches.
Our lawyers can represent your Strip Search claim
Individuals who are unlawfully strip-searched are legally entitled to civil compensation from the State of NSW.
If you believe you have been strip searched unlawfully, or are in danger of being strip searched, speak to one of our civil lawyers who can advise you on your legal options. Call us on (02) 9261 4281 to book a free initial consultation.