Tom, an Indigenous man in his 60s, was repeatedly subjected to police harassment. Tom suffered from unlawful searches and detainment by the New South Wales Police. Over three separate occasions, Tom experienced false imprisonment, assault, battery, and trespass to his property.
This case highlights Tom’s struggle and the legal victory achieved with the help of O’Brien Criminal & Civil Solicitors.
What happened?
Tom’s ordeal began in mid 2020 and went on for over a month*. During this period, he faced unlawful stops and searches by NSW Police on three different occasions. Each time, he was subjected to a series of unlawful acts, including false imprisonment, assault, battery, and trespass to his goods.
Doctor’s visit turns badly
One morning in 2020, Tom was driving to his doctor when he noticed an unusual noise coming from his vehicle. After pulling over to inspect the vehicle, Tom was unlawfully stopped by the police for a breath test, oral fluid test, and a search of his person and vehicle.
Despite the negative results, Tom was detained for 20 minutes. This incident was marked by a lack of reasonable grounds for suspicion, unlawful detention, and an invasive search.
Unlawful stop and search
In 2020, Tom was stopped for allegedly failing to stop at a stop sign. During this encounter, he was searched without cause, mocked, and issued an infringement notice. Tom was unlawfully detained for approximately 45 minutes during this event.
Another stop – Police Harassment
The third incident occurred on August*, when Tom was again stopped and detained by the police, subjected to a roadside breath test, and unlawfully held for approximately 30 minutes. The female officer involved in this incident displayed inappropriate behaviour by refusing to provide her details and implying that Tom had previous dealings with the police.
Legal Action and Outcome
The repeated unlawful actions by the police were intentional and caused significant distress to Tom. The case was settled in favour of our client, and he was compensated fairly for his suffering. The settlement acknowledged the unlawful detention, assault, battery, and trespass experienced by Tom.
Key Facts and Quotes
- False Imprisonment: In each incident, Tom was intentionally, totally, and directly restrained of his liberty without lawful justification.
- Assault and Battery: The searches conducted on Tom were an unlawful infliction of force, causing him to fear imminent unwanted physical contact.
- Trespass to Goods: The searches of Tom’s vehicle were unlawful and constituted trespass to goods.
- Distress and Humiliation: Tom experienced mental distress, loss of dignity, fear, and humiliation from these incidents.
Do you need a Civil Lawyer for Police Harassment?
If you or someone you know has experienced similar mistreatment, it’s crucial to seek legal advice.
I need to sue for unlawful pat down and search
We received a successful outcome for our client. And we can also do the same for you if you want to sue the police. Speak to our civil lawyers in Sydney today.
If you find yourself in a situation where your rights have been compromised, it’s crucial to seek knowledgeable and experienced legal counsel. Enquire online or call O’Brien Criminal and Civil Solicitors on (02) 9261 4281. We can also set up a free appointment with the civil lawyers in our Sydney office to discuss your case and explore your options.
*Names have been changed for client confidentiality.
