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Police can use force to move body parts during strip-searches, NSW argues in appeal court

Police can use force to move body parts during strip-searches, NSW argues in appeal court

Summary

New South Wales police are appealing a court ruling that said they cannot use force to move body parts during strip-searches. The appeal challenges a decision related to strip-searches at music festivals from 2018 to 2022, including an incident involving Raya Meredith, who was unlawfully strip-searched.

Key Facts

  • NSW police want permission to appeal a ruling that forbids using force to move body parts in strip-searches.
  • The original ruling was made by Justice Dina Yehia in September, after a class action lawsuit.
  • The class action concerns unlawful strip-searches done by police at music festivals between 2018 and 2022.
  • The lead plaintiff, Raya Meredith, was strip-searched in 2018 when she was 27 and postpartum.
  • Meredith was awarded $93,000 in damages, including $20,000 for aggravated damages.
  • Police admitted to unlawfully strip-searching Meredith, which shortened the trial.
  • The state argues police can use reasonable force to move body parts for visual inspection but not for touching or invasive searches.
  • The court hearing involves several justices and will continue over two days.
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