NSW Police conduct illegal searches and create ‘untrue’ reports in COPS database

The NSW Police watchdog has discovered officers have created “untrue” records about innocent Australians after conducting illegal searches.

NSW Police allegedly conducted illegal searches, an investigation has found. Picture: AAP

Police unlawfully searched hundreds of people and their vehicles in a bid to get their numbers up, according to evidence given to an investigation by the NSW Police watchdog.

Police also recorded “untrue” entries in the police database (COPS) which cast a “slur” on innocent members of the public and could have long lasting ramifications for them.

In some cases, the investigation found, the COPS entry included completely false statements that the person was searched based on the suspicion they might possess drugs.

In its analysis, the watchdog The Law Enforcement Conduct Commission (LECC), found this was an “ongoing slur on the reputations of the individuals… and should be corrected.”

But when brought to the attention of the NSW police executive, they resisted deleting the false records, instead suggesting adding only a clarifying note to the entry.

However, The LECC said it has now been told by NSW Police the entries will be reviewed and amended where appropriate.

Greens MP David Shoebridge has slammed the police over the illegal searches. Picture: AAP Troy Snook

Greens MP David Shoebridge slammed the police actions saying “it is the ultimate and highly predictable result of forcing personal search quotas on police”.

“The Commissioner needs to immediately order that the false entries on the COPS database are removed. While they remain in place they can and will be used by other police to justify further searches and adverse police action.”

The LECC launched Operation Dukono after a complaint about the illegal police actions at Tumbarumba, a tiny town 480km south of Sydney at the foot of the Snowy Mountains.

Tumbarumba grew out of the gold rush in the 1800s, and now houses a minimum security corrections centre with about 200 male offenders.

Mannus Correctional Centre at Tumbarumba. Picture Supplied.

It was there police decided to set up car park searches for 18 months targeting 500 visitors and 300 vehicles approaching the corrections centre, in what some police witnesses said was a bid to make themselves proactive and boost their search numbers.

A police email between officers revealed the intent of the searches: “Over the weekend can you please conduct vehicle searches at Mannus CC (Sat and Sun). We need to get our numbers up. I see that Albury is now overtaking us.”

Police Commissioner Mick Fuller has been called on to intervene and expunge the untrue records about innocent members of the public. Picture: Gaye Gerard

The watchdog found the searches were unlawful but has blamed police management and lack of proper training for the fiasco.

The investigation found hundreds of people visiting inmates at the Mannus Correctional Centre near Tumbarumba were approached by NSW Police Force officers in the carpark and told it was a condition of entry that they be searched by police.

This was in addition to the searches conducted by Corrections officers once the visitors were inside the Centre. At the time the Centre was having trouble with contraband being smuggled inside.

Mannus Correctional Centre at Tumbarumba. Picture: Supplied

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The investigation report found the police officers did not have a lawful basis to conduct the searches.

However, the officers had been told by superiors they did have the power. It was also found evidence given about the goal of the searches was “contradictory” beyond general proactivity.

Some of the records on the COPS database recorded the reason for the search as ‘Suspected Possession of Illegal Drugs”. The LECC found “this was simply untrue and should never have been recorded by police as the suspicion of illegal drug possession was never formed.”

The LECC did not support a finding of serious police misconduct on the part of any of the individual officers. It found that the searches were cursory and were not resisted by the persons searched. It did find there was a failure of police management and training that led to the searches occurring in the first place.

It also said the there is no proper basis for incorrect entries to be kept in COPS. It said the NSW police submission to add a clarifying statement to the false entries was not only an insufficient answer “it was scarcely consistent with proper ethical standards.”

The Commission recommended and the NSW Police Force has since agreed that the NSW Police Force provide training to police officers on the limits of police powers to conduct searches in proactive policing operations.

Mr Shoebridge said it was all about making up the numbers “as the Greens spokesman I repeat my call to the government to scrap all these futile and abusive police search targets.”

The Commissioner’s office was contacted for comment.

Originally published as NSW Police conduct illegal searches and create ‘untrue’ reports in COPS database