In another important case of an unlawful arrest, John*, a 30 something year-old Indigenous man with a learning disability, was falsely imprisoned and mistreated by NSW Police. This case underscores significant issues regarding police conduct and the treatment of vulnerable individuals.
Unlawful arrest search by NSW police
John sought temporary relief on a hot October* night by searching for a tap to drink from. Within moments, his brief stop at an unenclosed property led to a severe and unwarranted reaction by the police. Despite only spending 10 seconds on the property, which was captured on CCTV, John faced a pat down search.
They also seized his personal items, and falsely charged and detained him overnight. However, his charges were ultimately dismissed due to lack of evidence.
Innocent stop for water turns into unlawful arrest
On the night, John and his friend, parked on a quiet street in Maroubra*. Around 2:00 am* John stepped out to find water. Unfortunately, this action inadvertently triggering the homeowner’s CCTV.
As a result, the police aggressively handled John. They also searched him and arrested him for trespass. Notably, the property was openly accessible, and John’s intent was merely to quench his thirst. His detainment included physical coercion and a lack of initial proper conduct by the arresting officers.
John was held at Maroubra Police Station* under stringent bail conditions. However, these rules unjustly restricted his movements, causing significant emotional distress. Legal proceedings highlighted multiple violations.
In the end, we found a lack of reasonable suspicion for the search and unnecessary force.
Civil Lawyers for Unlawful Arrest
The case was resolved when the courts dropped the charges. They recognized the overreach and misconduct of the involved officers.
John was awarded fairly for his suffering. The courts also acknowledged the infringement on his liberties and the undue hardship he endured.
Have a similar claim? We can help
If you or someone you know has experienced similar mistreatment or believes their rights have been violated by law enforcement, it is crucial to seek competent legal counsel.
Enquire online or call O’Brien Criminal and Civil Solicitors at (02) 9261 4281. We can also set up a free appointment with the civil lawyers in our Sydney office to discuss your case and ensure your rights are fully protected.
*Names have been changed for client confidentiality.
