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Suing NSW Police for Unlawful Search: Have you been unlawfully searched or detained by NSW Police? You may be entitled to compensation through a civil claim. At O'Brien Criminal and Civil Solicitors, we help individuals stand up against police misconduct, including false imprisonment, unlawful searches, and assault.
Here's everything you need to know about taking legal action against the police in New South Wales.
Read our other successful Civil Case Studies.
What is an Unlawful Search?
In NSW, police have powers under the Law Enforcement (Powers and Responsibilities) Act 2002 (LEPRA) to stop, search, and detain individuals. However, these powers are limited.
Police must have a reasonable suspicion that you are in possession of illegal drugs, weapons, or stolen goods to search you without a warrant.
If you were searched or detained without proper legal grounds, that may amount to an unlawful search or false imprisonment.
What Is False Imprisonment?
False imprisonment occurs when you are detained by police without legal authority. This could happen if:
- You were arrested or held without a warrant or valid reason.
- You were kept longer than necessary after a stop and search.
- You were prevented from leaving when there was no legal basis.
These are serious breaches of your rights and can form the basis of a civil claim against the State of NSW.
Common Examples of Police Misconduct We Handle
Our team at O'Brien Criminal and Civil Solicitors has helped clients who were:
- Stopped and searched multiple times without charges or reasonable cause.
- Subjected to aggressive or humiliating police conduct.
- Detained for roadside drug tests that returned negative, yet still searched.
- Accused of drug possession without any evidence being found.
In many cases, these interactions result in no charges.but they cause lasting emotional and psychological harm. You are entitled to hold the police accountable.
Recent Case Success: Terry's Story
Our firm recently represented Terry, a NSW man who was stopped and searched by police on four separate occasions over just one year. Despite no drugs or illegal items being found, he was repeatedly detained, searched, and questioned.
Terry sued the State of NSW for false imprisonment, assault, and trespass to goods. The District Court found the police actions were unlawful, and Terry was awarded compensation.
What Can You Claim for an Unlawful Search?
If your civil claim against NSW Police is successful, you may be entitled to:
- General damages for pain and suffering.
- Aggravated damages if the conduct was particularly distressing.
- Exemplary damages in serious cases to punish the wrongdoing.
- Legal costs and other related expenses.
How We Can Help with an Unlawful Search
At O'Brien Criminal and Civil Solicitors, we have extensive experience helping clients take action against unlawful police conduct. We offer:
- Free initial consultations
- No-win, no-fee options for eligible civil claims
- Representation by experienced civil litigation lawyers
- A strong track record of success in NSW courts
Have You Experienced An Unlawful Search by NSW Police Officers?
If you've been detained, searched, or otherwise mistreated by police without justification, you may be entitled to compensation. O'Brien Criminal and Civil Solicitors can help.
*We always change details in our case studies to protect client confidentiality.
Frequently Searched Questions
Can I sue NSW Police for wrongful arrest?
Yes, if the arrest was unlawful or without reasonable grounds.
What are my rights if I'm stopped by police in
NSW?
You have the right to remain silent, to ask why you are being
stopped, and to not be searched without reasonable suspicion.
Is there a time limit to sue the police in
NSW?
Yes. Generally, you have 3 years to bring a civil
claim, but it's best to seek legal advice immediately.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
