Unlawful arrest compensation awarded after drug offence case dismissed 

Police unlawfully search man

Britt* drove with two friends and his dog in Sydney’s inner city when police pulled him over. The police conducted a Random Breath Test (RBT) which returned a negative result.

The police continued to question Britt, and then conducted a personal search of Britt. Afterwards, the police then searched the car Britt was driving, and his friends. Police found LSD and marijuana in the car.

They issued a Future Court Attendance Notice (CAN) to Britt with two counts of possession of a prohibited drug under s 10(1) of the Drug Misuse and Trafficking Act 1985.

Favourable outcome received: Unlawful arrest compensation

O’Brien Criminal and Civil Solicitors represented Britt in the Downing Centre Local Court, in Sydney’s CBD. The Local Court magistrate determined that the search was unlawful under s 36 of the Law Enforcement (Powers and Responsibilities) Act 2002 and dismissed both charges on voir dire.

O’Brien Criminal and Civil Solicitors then ran a civil action against the State of NSW for:

  • unlawful false imprisonment,
  • assault,
  • and battery by police.

The matter settled prior to trial and Britt received a favourable outcome.

*We change the Names to protect the identity of our clients.


If you face drug charges after an unlawful search, contact O’Brien Criminal and Civil Solicitors on (02) 9261 4281. We can set up a free appointment with the drug defence lawyers in our Sydney office. A successful outcome can then lead to a lawsuit for unlawful arrest compensation. 


O’Brien Criminal & Civil Solicitors
p: 02 9261 4281
a: Level 4, 219-223 Castlereagh St,
Sydney NSW 2000

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