Bloke Scores $3K For Being Falsely Detained For 4 Mins At Syd Train Station

24-year-old Sam Le was stopped in January last year by cops at the station who wanted to see his Opal card and the relevant concession, as well as photo ID. Le was told – shown by a video he took of the encounter – that he could not leave until the police had verified his identity.

The officer in question told the District Court that he suspected Le might have nicked his concession card because he looked young and fit. Le gave evidence in court that he was on a disability pension and was therefore entitled to carry a pensioners concession card.

After just over 4 minutes of waiting while police conducted a radio check on his ID, Le was permitted to leave the area. He ended up suing the state of New South Wales for false imprisonment. And guess what – the court agreed.

Judge Matthew Dicker agreed that the police officer had an honest suspicion about Le’s identity, it was not a reasonable one. Le was not acting evasively, and the mere fact that he was young was not enough evidence to claim that he had stolen his concession card.

The judge confirmed that police do not actually have the right to ask for anything more than a commuter’s Opal card and concession card, unless they have relevant evidence. Which, in this case, the officer did not.

Dicker also said that the fact Le was not physically detained didn’t mean that Le couldn’t prove that he had been imprisoned. The fact that he believed he could not leave was sufficient to establish the case.

According to the Sydney Morning Herald, Le said that he brought the case because he wanted to “send a message to the police force that they can’t just approach someone and demand their personal identification … when a person has not committed any offence”.

The judge awarded Le $3201 in damages including interest. The relatively low damages stemmed from the fact the Le was only imprisoned for four minutes and was not physically cuffed. 

There you have it, team. Know your rights.