Police can use force to move body parts during strip-searches, NSW argues in appeal court
NSW argues police can use force to move body parts during strip-searches after losing a class action.Summary
The state of New South Wales is appealing a landmark ruling that police do not have the express power to use reasonable force to move someone's body parts during a strip-search. The appeal follows a class action brought by Slater and Gordon lawyers and the Redfern Legal Centre over unlawful strip-searches at music festivals between 2018 and 2022. The state admitted to unlawfully strip-searching the lead plaintiff, Raya Meredith, which reduced the hearings from 20 days to five. Justice Dina Yehia awarded Meredith $93,000, including $20,000 in aggravated damages, finding that police suspicion of a prohibited drug was insufficient to conduct a strip-search. Perry Herzfield SC, for the state, argued that the Law Enforcement Powers and Responsibilities Act permits police to use force as reasonably necessary to move body parts for a visual search, but not to conduct a search via touch or extend to body cavities. The state argued that Yehia's findings would have consequences for police strip-searching a person suspected of concealing a weapon, potentially leaving officers powerless to force someone to comply with requests to remove clothing.
(Source：The Guardian)