Notable cases
editAustralia
editNew South Wales
editFollowing the introduction of a controversial law in 2001, New South Wales Police were given the power to deploy drug detection dogs at major public events such as music festivals, inside licenced premises (venues that serve alcohol) and at stations across the Sydney Trains network.[1][2]: 1
A report published by the New South Wales Ombudsman in 2006 found that 74% of searches resulting from drug detection dog indications carried out over a two-year review period had failed to find any illicit drugs.[2]: 29 Subsequent figures obtained from NSW Police in 2023 revealed that between 1 January 2013 and 30 June 2023, officers had conducted 94,535 personal searches (refers to both strip searches and less invasive frisk or "general" searches) resulting from drug detection dog indications, with only 25% resulting in illicit drugs being found.[3]
In late 2014, reports were first published alleging that NSW Police were routinely using drug detection dog indications as a justification for conducting invasive strip searches, particularly at major events such as music festivals.[4][5] At these events, officers have employed the use of structures such as ticket booths[6][7]: 9 [8][9], tents[7]: 12 [10]: 9 [11], makeshift partitions[12][13][14]: 7 and police vans[15][16][17] to strip search attendees. In some cases, it’s been alleged that these structures did not offer adequate privacy to individuals being searched, leaving them exposed to other festivalgoers or officers outside.[18][19][20] After stripping partially or completely naked, festival patrons have been asked to do things such as lift their breasts or genitals[17][13][8], bend over[21][16][7]: 4 [22], spread their buttocks apart[23][24] or squat and cough[25][26][27][28]. Similar searches have reportedly been conducted during drug detection dog operations at train stations and licenced venues as well.[29][30][31]
Data obtained from NSW Police shows that between 1 July 2014 and 30 June 2020, officers conducted 27,835 strip searches "in the field" (outside of a police station).[32]: 25 [33]: 12 Separate data shows that during the same six-year period, officers conducted 5659 strip searches resulting from drug detection dog indications.[33]: 72
In October 2018, the Law Enforcement Conduct Commission launched a formal investigation into the use of strip searches by NSW Police. In a final report handed down in December 2020, the Commission found that "a recurrent issue throughout the inquiry was the failure of officers to comply with, or at least to properly account for their compliance with, the legal thresholds for conducting a strip search".[33]: ii In several cases investigated by the Commission, it was found that officers had acted unlawfully.[33]: 3 The commission also noted that there had been a "significant increase" in the "number and proportion" of strip searches carried out following drug detection dog indications in the five years between 2014 and 2019.[33]: 71
In July 2022, a class action was filed in the Supreme Court of New South Wales on behalf of patrons strip searched at music festivals by NSW Police from July 2016 onwards. Head plaintiff for the class action is a then 27-year-old woman who was allegedly strip searched at the Splendour in the Grass music festival in 2018.[34] A trial for the class action is expected to be held in mid-2025.[35]
Victoria
editIn the early hours of 7 August 1994, approximately 40 officers from Victoria Police took part in a raid at the Tasty nightclub in Melbourne, a popular venue for LGBT partygoers (see Tasty nightclub raid). Over the course of seven hours, all 463 staff and patrons inside the venue were detained and strip searched, supposedly under the auspices of finding illicit drugs. Patrons were taunted by officers and forced to stand with their hands against the wall for long periods of time while this was happening.
A photo taken secretly during the raid was published on the front page of The Age newspaper several days later, with then Premier Jeff Kennett labelling the incident “extreme and disturbing”. A class action subsequently launched against Victoria Police was finalised in 1996, with more than 200 patrons who were present at time each being awarded $10,000 in damages.[36] In 2014, Victoria Police formally apologised for the Tasty nightclub raid, with Acting Chief Commissioner Lucinda Nolan stating that it had “caused distress to people and had a significant impact on the relationship between Victoria police and the wider LGBTI community”.[37]
Canada
editAs part of policing operations for the 2010 G20 Summit in Toronto, a makeshift detention centre was setup by Toronto Police at a disused film studio on Eastern Avenue. Over the course of the event, approximately 900 protestors were detained at the facility, where they were subjected poor conditions and mistreatment by police.[38][39]
While being held at the Eastern Avenue detention centre, some protesters were strip searched, with officers using cubicles described as “large plywood cells without roofs” to conduct these searches. In 2014, footage obtained by Vice showed that CCTV cameras could see into these cubicles, leading to fears that protestors detained at the facility were filmed while strip searches were taking place. When asked by Vice, Toronto Police did not respond to questions about the matter and it’s not clear if any such footage exists.[40] In August 2020, the Toronto Police Services Board agreed to pay $16.5 million dollars to settle a class action lawsuit brought on behalf of around 1100 people who were arrested during the 2010 G20 protests, including some who were detained at the Eastern Avenue detention centre.[41]
United Kingdom
editIn January 2022, the Metropolitan Police formally apologised to Dr Koshka Duff, an academic who was strip searched at Stoke Newington police station in 2013. The woman had been arrested for obstruction after attempting to offer a legal advice card to a black teenager during a stop and search in London. Once in custody, a Sergeant ordered two female officers to strip search the woman. Her clothes were cut off and she claimed that once she was naked the officers touched her breasts and between her legs. She described the search as a "very violating and humiliating experience" and said she was left with multiple injuries and PTSD after the incident. The woman was charged with obstructing and assaulting police but was later acquitted.[42]
In 2018, the officer who ordered the strip search of Dr Duff was cleared of gross misconduct charges. In November 2021, a civil claim brought against the Metropolitan Police was settled, with Dr Duff being awarded £6,000 in damages.[43] In January 2022, CCTV footage of the incident was made public. In the footage, the Sergeant who ordered the search can be heard telling officers to “treat her like a terrorist”, while others can be heard making derogatory comments about the woman’s underwear and pubic hair. After the footage was released, a Metropolitan Police spokesperson apologised for the “sexist, derogatory and unacceptable language used” by the officers involved.[44]
In March 2022, it was reported that Metropolitan Police officers had strip searched a 15-year-old black girl at her school in Hackney in 2020 after she was wrongly accused of possessing cannabis. The 15-year-old, referred to as “Child Q”, was menstruating at the time and was searched without her parents present. Shortly after the story was made public, a protest involving several hundred people was held outside Stoke Newington police station, amid concerns that the girl had been targeted because of her race.[45] In September 2023, the Independent Officer for Police Conduct (IOPC) recommended disciplinary action against four of the officers involved in the incident.[46]
In 2023, Sky News launched an investigation into the use of strip searches by Greater Manchester Police. In a story published in July, three women alleged that they had been subjected to unjustified strip searches while in police custody. In one instance, a 38-year-old woman claimed that she was drugged and raped by officers after being arrested in 2021.[47] After the story was published, several other women contacted Sky News alleging that they had been subjected to similar searches by Greater Manchester Police and other police forces across the UK.[48] In response to the story, Greater Manchester Mayor Andy Burnham announced that former Victims Commissioner Vera Baird would conduct a formal inquiry into the treatment of women in police custody by Greater Manchester Police, with a focus on strip searches.[49] A final report is due to be published in late 2024.[50]
Accuracy
editAustralia
editIn 2001, the Australian state of New South Wales introduced legislation that granted police the power to use drug detection dogs without a warrant in public places such as licensed venues (venues licensed to serve alcohol), music festivals, and public transport (see New South Wales Police Force strip search scandal).[2]: 1
The law was reviewed in 2006 by the New South Wales Ombudsman, who handed down a critical report regarding the use of dogs for drug detection. The report stated that prohibited drugs were found in only 26% of searches following an indication by a drug sniffer dog. Of these, 84% were for small amounts of cannabis deemed for personal use.[2]: 29 Subsequent figures obtained from NSW Police in 2023 revealed that between 1 January 2013 and 30 June 2023, officers had conducted 94,535 personal searches (refers to both strip searches and less invasive frisk or "general" searches) resulting from drug detection dog indications, with only 25% resulting in illicit drugs being found.[3]
In late 2014, reports were first published alleging that NSW Police were routinely using drug detection dog indications as a justification for conducting invasive strip searches, particularly at major events such as music festivals.[4][5] Data obtained from NSW Police shows that between 1 July 2014 and 30 June 2020, officers conducted 27,835 strip searches "in the field" (outside of a police station).[32]: 25 [33]: 12 Separate data shows that during the same six-year period, officers conducted 5659 strip searches resulting from drug detection dog indications.[33]: 72
In October 2018, the Law Enforcement Conduct Commission launched a formal investigation into the use of strip searches by NSW Police.[33]: ii In a final report handed down in December 2020, the commission found that there had been a "significant increase" in the "number and proportion" of strip searches carried out following drug detection dog indications in the five years between 2014 and 2019.[33]: 71 In July 2022, a class action was filed in the Supreme Court of New South Wales on behalf of patrons strip searched at music festivals by NSW Police from July 2016 onwards. Head plaintiff for the class action is a then 27-year-old woman who was wrongly strip searched at the Splendour in the Grass music festival in 2018 after being stopped by a drug detection dog.[35]
- ^ Paul Gregoire, Ugur Nedim. The NSW Laws Relating to Drug Detection Dogs. Sydney Criminal Lawyers, 17 September 2019
- ^ a b c d Review of the Police Powers (Drug Detection Dogs) Act 2001. New South Wales Ombudsman. June 2006. ISBN 1-921131-36-5.
{{cite book}}
: CS1 maint: date and year (link) - ^ a b Mcleod, Catie (9 November 2023). "NSW police sniffer dogs incorrectly detect drugs on patrons despite costing taxpayers $46m over past decade". The Guardian.
- ^ a b Gregoire, Paul (10 October 2014). "Strip Searches are Now Routine in New South Wales". Vice.
- ^ a b Corderoy, Amy (2 December 2014). "Police in doghouse over strip searches". The Sydney Morning Herald.
- ^ GIPA 2019-1086. New South Wales Police Force.
- ^ a b c Report on the monitoring of NSW Police Force misconduct matter investigation – Strike Force Blackford. Law Enforcement Conduct Commission. July 2020.
- ^ a b Ryan, Hannah (25 January 2019). ""Humiliating And Embarrassing": This Is What It's Like To Be Strip-Searched At A Music Festival". Buzzfeed.
- ^ Pengilley, Victoria (18 June 2019). "Strip search locations may be putting victims of sexual assault at risk". ABC [Audio File].
- ^ Operation Brugge. Law Enforcement Conduct Commission. May 2020
- ^ Noore, Natasha (8 May 2017). "Police and the people". Honi Soit.
- ^ Piotrowski, Daniel (2013-03-07). "Man 'forced to strip naked' at Mardi Gras event". news.com.au.
- ^ a b Lee, Alex (31 May 2015). "Should Police Sniffer Dogs Be Banned From Music Festivals?". BuzzFeed.
- ^ Statement of Claim – Raya Meredith v State of New South Wales. 21 July 2022.
- ^ Ziegler, Lauren (28 November 2015). "I Was Strip Searched Before Performing At A Festival". HowlandEchoes.
- ^ a b Crealy, Louise (7 June 2018). "Festival goers take NSW Police to court over sniffer dogs". ABC [Audio file].
- ^ a b The Project (Network 10). Strip searches in NSW have doubled. 20 December 2018 [Video file]
- ^ McGowan, Michael (27 May 2020). "Law firms look to launch landmark strip-search class action against NSW police". The Guardian.
- ^ "Tents didn't close for NSW strip-searches". AAP. 22 October 2019.
- ^ Singhal, Pallavi (9 March 2019). "Strip-searched and sent packing: Police to review woman's claims after Sydney music festival". Sydney Morning Herald.
- ^ "Strip searches, Facebook after Zuckerberg & tattoos after death". Triple J Hack (ABC) [Audio File]. 2 December 2015.
- ^ McGowan, Michael (22 July 2022). "Music festival patrons launch class action against NSW police alleging unlawful strip-searches". The Guardian.
- ^ Dias, Avani (16 November 2021). "'Bend over, open up': People strip searched at Splendour in the Grass could be entitled to thousands in compensation in class action". Triple J Hack (ABC).
- ^ Endrey, Chris (3 March 2019). "After the Secret Garden: The NSW Police State". Medium.
- ^ Packer, Clareese (3 October 2023). "Woman alleges NSW Police officers conducted an illegal strip search on her at Knockout festival". news.com.au.
- ^ Thompson, Angus (11 July 2019). "'Nice and slow': woman battles tears describing police strip-search to inquest". Sydney Morning Herald.
- ^ Pengilley, Victoria (22 August 2019). "NSW Police's use of strip searches skyrocketing, report finds". ABC.
- ^ "Young people are suing NSW police". Triple J Hack (ABC) [Audio File]. 16 November 2021.
- ^ "Sydney police 'asked woman to remove tampon' in strip-search". BBC. 22 July 2020.
- ^ Gregoire, Paul (6 November 2015). "A Facebook Site Is Helping Australians Dodge Drug-Sniffing Dogs". Vice.
- ^ The Project (Network 10). False Positives. 2 December 2014 [Video File]
- ^ a b Sentas, Vicki; Grewcock, Michael (August 2019). Rethinking Strip Searches by NSW Police (PDF). UNSW. ISBN 978-0-7334-3877-6.
- ^ a b c d e f g h i Inquiry into NSW Police Force strip search practices. Law Enforcement Conduct Commission. December 2020
- ^ McGowan, Michael (22 July 2022). "Music festival patrons launch class action against NSW police alleging unlawful strip-searches". The Guardian.
- ^ a b Schmidt, Nathan (21 December 2023). "Strip-search lawsuit to go ahead after court bid dismissed". news.com.au.
- ^ Starcevic, Seb (27 July 2019). "The night Victorian police raided the Tasty nightclub". news.com.au.
- ^ "Victoria police apologise to LGBTI community for Tasty Nightclub raid". Australian Associated Press. 5 August 2014.
- ^ Browne, Rachel (24 July 2014). "New footage from Toronto G20 detention centre released". Maclean's.
- ^ Talbot, Michael (29 June 2010). "Personal Story: How I Ended Up In A G20 Jail". CityNews.
- ^ McGuire, Patrick (10 August 2014). "The Toronto Police Videotaped Strip Search Chambers During the G20". Vice.
- ^ Lindeman, Tracey (19 August 2020). "Toronto police pay $16.5m to protesters wrongfully held at 2010 G20 summit". The Guardian.
- ^ Sonia Kataria, Greig Watson (25 January 2022). "Koshka Duff: Met apology to woman over language in strip search". BBC.
- ^ Duff, Koshka (24 January 2022). "The Met Just Apologised After Strip-Searching Me. I Don't Believe a Word of It". Novara Media.
- ^ Gayle, Damien (25 January 2022). "Met apologises to woman for 'sexist, derogatory' language in strip-search". The Guardian.
- ^ White, Nadine (18 March 2022). "Child Q: Hundreds protest against "disgusting" strip search outside London police station". The Independent.
- ^ White, Nadine (14 September 2023). "Child Q: Met Police officers face disciplinary action over Black teenager strip-search". The Independent.
- ^ Farrell, Jason (27 July 2023). "'Stripped and left topless in a cell, I was drugged and sexually assaulted by Greater Manchester Police'". Sky News.
- ^ Farrell, Jason (27 July 2023). "Birmingham: Woman says she was 'strip-searched and left in police cell for 16 hours without clothing'". Sky News.
- ^ "Andy Burnham beefs up inquiry into GMP strip-search claims". BBC. 27 July 2023.
- ^ Ewan Gawne, Ethan Davies (6 June 2024). "Police strip search report delayed again". BBC.