The Facts

Motorcyclist stopped by police and searched

A man was riding a motorcycle along a road when he was stopped by police for not having his helmet strap done up. The man appeared to be nervous. The police officer made enquiries and found out that the man had previous charges of drug possession and was on bail for manufacturing a prohibited drug. The police officer also observed "ice sores" on the man's face.

Accordingly, the police officer formed the view that the motorcyclist might be in possession of drugs and decided to search him. In searching the man, the police officer conducted a frisk search and also put his hand inside the man's jeans and into his genital area.

The man resisted and said: "You can't do that". He was then handcuffed and a strip search was performed. The strip search was conducted in public on the roadside in front of other officers. A plastic bag containing methamphetamine was found in the man's genital area.

case a - The case for the police

case b - The case for the motorcyclist

  • This man was known to police for drug related activities, had "ice sores" on his face and was acting in a nervous manner after he was pulled over.
  • There were therefore reasonable grounds for the police officer to suspect that the man was in possession of a prohibited drug and so he was entitled to detain the man and perform a frisk search.
  • While being frisk searched, the man pulled away and resisted.
  • This was a serious matter and there was the possibility that the man might dispose of any evidence unless the officer took immediate action. In these circumstances it was reasonable for the officer also to conduct a strip search.
  • The actions of the police officer were reasonable and lawful and the location of the drugs in the man's underwear should be admitted as evidence in the prosecution against him.
  • The outside of my jeans around the genital area was never frisked by the officer. I was asked to unbuckle my belt so that the officer could check there was nothing behind it, but then without any warning he put his hands down into my pants.
  • Of course I objected to the officer doing this – this was totally out of line and far more invasive than what's allowed as part of an ordinary frisk search.
  • But for the officer putting his hands down my pants, there would have been no reasonable grounds to proceed to a full strip search.
  • The law requires that, where reasonably practicable, a strip search should be conducted in a private area and not in view of any person not necessary for the search. In my case, the strip search was performed in full view of the public and no efforts were made to provide me with reasonable privacy.
  • The police acted unlawfully and any evidence about them finding a bag containing methamphetamine in my possession should not be allowed.

So, which case won?
Cast your judgment below to find out

Vote case A – the case for the police
Vote case B – the case for the motorcyclist

Caitlin Drabble
Criminal law
Stacks Heard McEwan

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