Expert legal advice is the vast majority of 4.3 million NSW personal and vehicle searches by police over past 20 years were unlawful
From ABC
The footage you’re about to see reveals the key moments when a routine stop-and-search by NSW police officers crossed into the unlawful — ultimately costing the state $320,000.
This is the first time it’s been made public outside a courtroom.
Ebonie Madden was jailed for six months in 2020 after police searched her and a companion Dylan on a street in the suburb of Penrith in Sydney’s west.
This search was the basis for police charging Madden with resisting arrest, possessing a knife and theft.
But a judge later ruled that it was unlawful. Here’s why.
The footage below comes from the body cameras attached to senior constable Michael Darnton and another officer who searched the pair.
It shows that Dylan, not Madden, is holding the black bag that the officers confiscate and search.
Now comes the moment when senior constable Darnton finds a knife and makes the arrest.
Listen closely and you’ll hear Dylan say three critical words (“It’s mine, chief”) which the officers will later tell a court that they didn’t hear.
The footage also captures comments from a third officer Danielle Munt (“That’s what happens when you’re mouthy. You get searched”). Munt will eventually agree in court that the comments were “unprofessional”.
In December 2020, Madden won $320,000 after a judge found that Darnton did not have reasonable grounds to justify conducting a search, and the “clear inference is that Darnton’s motivation was other than a legitimate exercise of police powers”.
The judge also ruled Madden had been subject to malicious prosecution and false imprisonment. That ruling was upheld on appeal in February this year.
A spokesman for the NSW Police told the ABC: “The NSW Police Force will review the Court of Appeal judgement and consider ways to improve the way we handle such matters.”
But the problem runs far deeper than this one case, experts warn. And now, exclusive data that reveals Madden’s search is just one among millions conducted by NSW Police as part of a stats-driven strategy that has turbocharged police searches for across the state.
Only a tiny fraction of the 4.3 million person and vehicle searches conducted in NSW over the past two decades will ever be examined. But legal experts fear that in the lion’s share, police may have abused their powers.
“My experience is unequivocally … that a very vast number of those searches will have been unlawful,” says civil litigator and criminal lawyer Peter O’Brien.
“[Australia] has one of the largest per capita police populations in the world … so when there’s a quiet night, police often feel the need to be proactive.
“And what that actually means, in many instances, is that they are overstepping their mark.”
It’s a big call but UNSW Professor Vicki Sentas, an expert in policing practices, backs it.
“I do think that it’s likely that the vast majority of searches in this state are conducted unlawfully,” she told the ABC.
It was published on CN. Ed
Interesting read on the treason etc
https://justiniandeception.wordpress.com/2016/11/14/dick-yardley-answers-a-question-in-relation-to-treason-and-treachery/
Being a former Boy Scout I grew up with carrying a Boy Scout knife. In fact, I have my father’s Boy Scout knife in my truck. It is quite convenient for various jobs, although I haven’t found much use for the leather awl (for tightening say a horse’s harness).
I had to stop carrying my Swiss Army knife when I was in Sydney. I figured it just gave the cops a dumb-ass reason to mess with me.
He’s not a cop, Vicop is a militia so join the mercenaries mate, Ukraine’s short of mercs. Meanwhile all our courts are a business, all have an ABN. How will those foreigners who own Ozcorp cope without good returns on their ill gotten grifting gains. Its all a fraud, judges are illegitimate just like the lawyers when we are no longer a Commonwealth.
(There is no oath of allegiance to the crown in our constitution anymore)
Right. Now all we need is for someone to take the police to court for conducting random breath tests:
https://cirnow.com.au/your-rights-and-the-police/
tonyryan43 said – “If I had my way, those officers would be hung for that offence; but only after having been treated identically by men many times their strength.”
We have them on video, broadcast to the entire world. They can run, but they can’t hide. Eventually the Fat Lady WILL sing.
tonyryan43 also siad – “Likewise would the officer filmed applying an Israeli genocidal slam trip-throw of a man onto a hard shopping centre floor.”
For accuracy, that incident occurred in the Flinders Street Train Station in Melbourne. And we have that bastard on video committing the crime AND walking away from the BS CORPORATE “court” absolutely SCOT FREE. The Fat Lady will be coming for this low-life spineless mongrel too, along with all the rest.
Australia has one of the highest per capita police populations in the world.
Australia has one of the highset crime rates in the world.
Statistically, this suggests that police are a significant part of the criminal element.
Comments by police officers that condemn a bypasser for being “mouthy” point to a criminally intimidatory disposition. I say this as an Australian with long term liaison with the police, probation and parole, who has noted a deterioration in police character in recent years (NT Police excepted).
My certainty in this regard is reinforced by the failure to prosesecute the police officers who slammed a 72 year old lady into the hard road surface and then sprayed tear gas directly into her eyes. If I had my way, those officers would be hung for that offence; but only after having been treated identically by men many times their strength. Likewise would the officer filmed applying an Israeli genocidal slam trip-throw of a man onto a hard shopping centre floor.
I’d rather be subjected to an unlawful search in NSW than acts of terrorism in VIC by elite CIRT, SOG, PORT and private UN cops wearing Predator badges, including harassment, violent assaults, kettling, depravation of basic human rights, and the indiscriminate use of pepper spray, battons, tear gas, rubber bullets, bean bag rounds, pepper balls, foam baton rounds, smoke bombs and stinger grenades.
Doesn’t ANYONE see anything wrong with this picture?
Since when do shit-for-brains mentally retarded HIRED MERCENARY GANGSTERS in boy-scout uniforms sporting cereal-box badges working for FOREIGN-OWNED CORPORATIONS have the authority to arbitrarily stop and search random Australians going about their business without ANY reason or plausible cause, let alone without any fake BS CORPORATE “search warrant”?
These bastards get away with this SHIT because – apparently – WE LET THEM.
Does the term “POLICE STATE” ring any bells, folks?
Maybe read up on the British East India Company and similar FOREIGN OCCUPATIONS UNDER FORCE OF ARMS. Just so long as you know.
This is very likely the proper procedure lawful Police constables are supposed to adhere to.
It is likely applicable because we are a Commonwealth country-and if you understand this you will realise that former Victorian Premier Daniel Andrews raised his won militia, which the states are not Constitutionally able to do:
https://thebridgelifeinthemix.info/british-law/constable-oath/
It’s a good read.