Facts: Police fail to observe a young person’s civil rights
KN was picked up by his brother’s friend from Regents Park train station. On the way home, the friend stopped by his friend’s house and placed a duct taped box in front of the garage door as a practical joke suggesting an explosive device.
An unmarked police car stopped the vehicle and two police officers alighted from the car. Police told the two passengers to alight from vehicle while shining a torchlight at their faces, requesting the passengers to sit on the pavement. Police then said they were going to conduct a search. KN told the officers his young age and that he wanted a guardian and legal advice. The police ignored and continued to ask inappropriate questions. After KN repeatedly told the officers for a support person and legal advice, police responded words to the effect of “people like you don’t deserve rights.”
Later in the night, several police cars arrived and KN was subjected to another non-consensual pat-down search. Shortly after, more police cars, including riot squads and dog squad, arrived at the scene. There were no positive indications on the presence of explosives. KN was informed he was under arrest without reason, despite asking for one, and was told to enter the paddy wagon.
KN said he was claustrophobic, asthmatic and suffered from PTSD, and preferred to enter the police car instead of the paddy wagon. Police denied this.
Upon arriving to Auburn police station KN asked for his brother to be a support person, which was denied. Later, KN’s mother attended police station to act as support person. After a recorded interview, KN was released from custody without charge.
Outcome: Police sued for assault, battery and false imprisonment
O’Brien Criminal and Civil Solicitors successfully assisted in KN’s civil claim against the State of NSW for assault, battery and false imprisonment. KN was compensated well.