Court to rule on lawfulness of police strip searches

Police strip-search powers could be in for a major shake-up with a court to rule on whether the examination of thousands of festival attendees was unlawful.

Officers did not have reasonable grounds to conduct the searches and failed to gain the consent of festivalgoers targeted, a class action filed with the NSW Supreme Court contends.

Initially contested by lawyers for the State of NSW, a major backflip was made in April when the government admitted it had unlawfully strip-searched the lead plaintiff running the lawsuit.

A drug detection dog at Byron Bay's Splendour In The Grass festival.
A drug detection dog at Byron Bay’s Splendour In The Grass festival. (AAP)

The woman – who AAP has chosen not to name for privacy reasons – attended the Splendour in the Grass festival in Byron Bay in 2018 were she was flagged by a police drug detection dog.

In a make-shift cubicle that did not offer privacy, the woman was made to remove all items of her clothing, including her underwear and tampon.

She was detained for about 30 minutes and let go after officers failed to detect drugs or any other prohibited items in her bag or on her person.

Splendour in the Grass
A woman was strip-searched at the Splendour in the Grass music festival in 2018. (Image: Getty)

The state government’s admission in court did not extend to the more than 3000 people who have registered for the class action.

After a disputed hearing in May, Justice Dina Yehia will deliver her decision today.

This will determine whether the searches were conducted lawfully or constituted assault, battery or false imprisonment.

If the class action is successful, the state could be liable to pay out damages for fear, humiliation and loss of dignity caused by being searched.

You May Also Like

Wife Accused of Hastening Sick Husband’s Death as He Was ‘Dying Slowly,’ Daughter Says

Inset: Shelly Peca (Keizer Police Department). Background: The Oregon home where Shelly…

Probationer Arrested After Butcher Knife Shatters Vehicle Window

Staff report GAINESVILLE, Fla. – Anaria Da’jeonia Goss, 23, was taken into…

Tenant Facing Eviction Hid Landlord’s Body in Trash Tote

Inset: Rudy Minton (Columbus Police Department). Background: The area near where Minton…

Dad Who Left Loaded Gun Under Mattress Before 10-Year-Old Fatally Shot Baby Avoids Murder Charge, But May Still Face Charges

Insets, from left: Kiyomi Parker (GoFundMe) and Ca’Marion Pawnell (St. Louis Justice…

Convicted Felon on Pretrial Release Arrested in Gun Theft From Vehicle on Rural Property

Staff report ALACHUA, Fla. – A St. Cloud man was arrested after…

Former School Bus Driver Whose Crash Killed 6 Children Accused of Strangling Ex-Girlfriend, Tripping 4-Year-Old Who Ran for Help

Background: Davidson County Downtown Detention Center in Nashville, Tennessee (Google Maps). Inset:…

Parent Who Punched Girl Over Bathroom Wait Gets Probation

Inset: Latoya Gaines (Bay County Sheriff’s Office). Background: The exterior area near…