POLICE POWERS TO STRIP SEARCH
(Image by Klaus Hausmann from Pixabay)
Man wins $112 thousand after illegal strip search
A Sydney man has been awarded $112 thousand dollars after an unlawful strip search by police.
You can read the judgement here.
In summary, 52-year-old man was sitting on a wall texting at 3:30am when police approached him. Police Constable Courtney Cruikshank told the man that they suspected he was in possession of illegal drugs and told the man they would search him. When he refused to allow them to search him, he was arrested for hindering police. The man was handcuffed and searched. No drugs were found.
The man was taken in a police van to Kings Cross police station where he was strip searched by “removing his pants and underpants; lifting his genitalia to allow inspection of the area underneath; and squatting while thus naked.” Again, no drugs were found.
The man was charged with hindering police. The charges were eventually dismissed.
The stats
In NSW, the number of strip searches has increased by almost 50 per cent in the four years to 2018.
Between January and May 2018, 735 strip searches were conducted with 63 per cent resulting in no drugs found despite indication by sniffer dogs.
In October 2018 the Law Enforcement Conduct Commission began an investigation into the way police were using (or misusing) their powers to conduct strip searches.
This followed a series of complaints by individuals and lobbying by the Redfern Legal Centre and other groups.
Strip search law
The police power to conduct a strip search is contained in the Law Enforcement (Powers and Responsibilities) Act 2002 (LEPRA).
The general power to search is set out in s21 of the Act. The officer must have reasonable grounds to suspect that the person has in their possession:
- (a) stolen goods;
- (b) anything that might be used to commit a crime;
- (c) a dangerous article that is being used to commit a crime; and/or
- (d) prohibited drugs.
The strip search power is set out in s31 of the Act.
The officer must have reasonable grounds to suspect that a strip search is necessary and that the seriousness and urgency of the circumstances make the strip search necessary.
There are some rules for the conduct of strip searches such as, they must be conducted in a private area and must not be carried out in front of someone of the opposite sex.
An exclusive story by Sydney Morning Herald reporter Angus Thompson says that an internal police report admits that since there’s no clear definition of a strip-search in the legislation, there has been an inconsistent use of police powers.
What to do if you believe you’ve been unlawfully subjected to a strip search
You can report the incident to the Law Enforcement Conduct Commission or seek legal advice.