WA Can police be sued for trespass

[Kim80]

Police turn up at my place at around 7am on a saturday morining as me and my partner were still in bed

We got woken up by loud knock at our bedroom window my partner looks out and sees two police officers
She then went to the front door to see what they wanted not long after i come to the front door and they asked to step outside even though they had spoken with and ask if everything was ok

So she did what they asked then i stood in the door way with the screen door closed and asked them why they had come and they said they had a call from neighbours for noise

I then tell them that they had just woken us up and as they can see that when they got here there was no yeĺling or screaming

I then ask them to please leave my property but the continued to ask my partner question i then asked my partner to come back inside they have all the information they needed

I then turned to the police and asked them again to leave my property i then stepped out onto my front porch and was about to guide her back inside when one of the police attempted to grabbing my arm and saying do i have a warrent for my arrest i told them no they asked for my name i said why do you want my name for i done nothing wrong then she tells me that she has resonable suspicion that i have committed a crime or im about to commit a crime


I then gave my name and move back into my screen door and continued to tell the police to leave my property as the screen door closed thats when the police steps in my door and pulls me out of my house

I was then taken to the police station and later taken to the watch house and keeped over night to front the magistrate due to me not giving consent anything they were doing they took my finger even when i had not give consent at all

I was charged with
Obbstruction and failing to give name and adress.

I now have these stuck to background check as pending i have contested the charges in court any advice please


Thank you in advance

 

[Rod]

They can be charged for trespass BUT it will not be easy. You may even go for battery and false arrest.

she tells me that she has reasonable suspicion that i have committed a crime or I'm about to commit a crime

This statement is what is going to make it hard ^^. This copper knows what she needs to say to cover herself. Chances are if you subpoena her notes from the day an entry will appear that may or may not be truthful.

If you have prior history of criminal behaviour and she knows about it before she got to your place, your job gets harder.

WA police are not known for always telling the truth to courts. Read this: Couple tasered by police awarded more than $1m in damages. Took 8 years but this couple eventually got justice. At least you were not tasered.

Think long and hard about going down this path.

* shakes head - and we keep giving police more and more powers - crazy.

 

[Rod]

Forgot to say the WA police union helped the police appeal the decision. The police lost the appeal.

So it shows even if you win, expect the decision to be appealed.

 

[Kim80]

Thank you guys for replying sorry i left out some words

 

[Clancy]

This; "reasonable suspicion that i have committed a crime or im about to commit a crime" Which is designed as a fail safe to allow police to protect the community also means your civil rights only exist at the discretion of police. That is enough to make anyone think twice about standing up for their rights against police, better to just co-operate with whatever they want to do.