QLD When Does Police Search Become Harassment?

[dani.t.]

Last week I was stopped driving home from work. I was strip searched twice. The first time on the side of a very busy road with people stopping for the free entertainment, including the full naked "bend over, pull cheeks and vagina apart and cough". Luckily by a very nice lady officer, that second one they did in privat.

My last drug conviction 1999, a very minor record. I wasn't doing anything illegal or remotely suspicious looking. They searched my car, broke a few things, got a drug dog in, etc. No explanation and no charges. At what point does this sort of treatment become harassment?

I was polite and co-operative (until the 2nd search anyway,then i lost it a bit!). I have no bikie or other so-called criminal associations. How can police do this? And WHY?

A friend of mine had a similar experience recently. He's also mid-40.s, no recent charges, etc. Anyone else having similar probs in Brisbane?

 

[Rod]

The problem you have is that you live in QLD.

Read this: Being searched | Your rights, crime and the law | Queensland Government

and this: https://www.police.qld.gov.au/corporatedocs/Documents/Makingacomplaintagainstapoliceofficer.pdf


Note this: Police are to limit a public search to a frisk search, if possible.

 

[Iamthelaw]

They strip searched you on the side of the road in complete view of passing traffic?

 

[dani.t.]

They strip searched you on the side of the road in complete view of passing traffic?

The male cop, who was the one in charge, opened the front and rear pasenger doors of the police car and said we could use that as "privacy". The female officer doing the search wasn't happy with that, neither was I. So we compromised by doing it in the back of the unmarked car cause it had tinting,and she did her best to use her body to shield me from view.

When they did the full naked search (since I found out they are not allowed to strip you fully naked,only pants or top at a time, not both) they took me into a toilet cubicle.

So to be totally clear- the first search, passing cars and people could have seen, but not very clearly, I hope. But the guy in charge really didn't care either way and it was only the fact that the available lady officer happened to be fantastic, what I think a cop should be - very thorough, very professional, but also empathetic, polite and caring. A rare soul in the qld police. Bet she doesn't last long.

 

[Gorodetsky]

Hi Dani.t.,

The lady officer was not fantastic. From reading the link Rod posted, it seems she exceeded what the limits were.

She ought to know what the limits were since she was conducting the search. If she had adhered to the guidelines, you probably wouldn't have felt it was harassment.

Did they give an explanation of what their "reasonable suspicion " was? Don't post any specifics

Regards

 

[dani.t.]

I repeatedly asked why they stopped me and were searching me. At first they just wouldn't answer, then they told me 'there have been lots of breaks in the area'. I assumed they meant break and enters, but I've never had anything to do with or associated with people who do that kind of thing. Then suddenly it changed to 'detained under drugs misuse', when they read my record and saw I had a drug conviction in 1999!

Regarding the female cop, she was very young and was put under a lot of pressure by the older male cops, and she really did try her best. It was the male who insisted it be done and repeated the 2nd time more intense. She didn't think it was necessary to do it at all.

I spoke with a lawyer who specialises in this kind of thing today and he believes the stop and search was totally invalid and way over the top, but I'm hesitant to take it further as I fear that it will just make me a target. I mainly wrote in to ask if this sort of thing was more common these days (maybe due to new or more relaxed search laws?) or just one of those things.

 

[Gorodetsky]

Hi Dani.t.,

You spoke to a solicitor...good for you.

Ok, sounds like they didn't have valid "reasonable suspicion", so yeah, the search probably wasn't legal, so yeah, you have experienced misconduct. Yeah qld, beautiful one day, a hotbed of police corruption the next.

Oh, I did assume since you were positive about the lady cop that she did have some good qualities...but allowing herself to being bullied into doing an unnecessary and probably illegal search meant you got to experience the pointy end of misconduct.

Is this sort of thing common? Yeah kind of.

Is it more common these days? I dunno, I only got woken up a few years back when I got a taste of qps misconduct.

You don't want to take it further? Yeah, probably a wise choice...some people I've communicated with about these issues do warn of retaliation and victimisation. Have you read about Renee Eaves?

I suggest you learn how to get your phone to record, but look like it's turned off. And stream it to be stored in the cloud if you can. Film them secretly if you get pulled over...don't do it overtly...

Regards

 

[dani.t.]

Thanks for your reply, I'll check out Renee Eaves, haven't heard of that case.

Yeah, good 'ol Qld - thank god we had Fitzgerald or things would be even worse! Re. the lady cop, you only need to look at what's been coming to light at the G.Coast to see just how bad the harassment is, even within their own ranks, so really it shouldn't be a surprise when they do it to a poor looking person in an old car.

It really was strange though, even when I was arrested for having drugs on me (1999), they didn't strip search me, or treat me so harshly. I was wondering if the ice issue has an impact on the way you're treated if they suspect drugs. Just for the record, I am not into, and never have been into ice.

I will look into finding how to make my phone do recording, that's a great idea,thanks. Hope this was a one off and won't be needed though!

 

[sammy01]

Don't 'secretly' record - tell them that you're doing it and why. It is illegal to record someone without consent. If they catch you, they will throw the book at you. Worth the risk? Tell them they are being recorded - tell them why and what has happened to you in the past.

Be polite but be assertive. So ask questions like, are you allowed to make me strip by the road side? Or is this a request and if it is a request, decline and inform them that they should not direct you to do something that they are not lawfully entitled to do.

 

[Gorodetsky]

Hi again,

Look there are limits to what you can record / film legally. And then there are limits to who / how you show (publish) what you've filmed.

In Qld, you can't do obvious stuff - young people, private areas, conversations you have no part of.

Filming a public servant (including police) doing their job in public, particularly when you have been stopped by them is legal. Doing it secretly or openly is legal. Publishing (showing someone else) what you've filmed may not be legal.

If you do it openly:

The same senior cop who bullied the junior female cop to do a dodgy strip search will bully a junior into seizing your phone because they reckon there is reasonable suspicion it's got evidence of a crime. You have a drug conviction from 20 years ago, so clearly you have been texting your drug dealer about the next shipment.

Or maybe your filming is hindering them from doing their job, so they seize the phone and charge you. If they seize the phone the recordings get deleted.

Or the police dream up 100 obscure traffic issues and let you film them fining you.

If you do it covertly, you maybe have evidence about the strength of their reasonable suspicion stopping you and for the search. You maybe have evidence of how they adhere to procedures for strip searching. You maybe record the exchange where the senior cop bullies a junior into a dodgy search.
You see a solicitor the next day, who likes what they see. They exchange letters with the qps. The public interest in knowing adherence to strip search policy is discussed. You maybe get a confidential payout.

But hey, both paths have risks.

Regards