National RSS Email Print Officer guilty of assault over handcuffing

[p.dath]

This is interesting. Highlights below. Waru is the police officer charged with assault. Mr Tonks was arrested by Waru.

http://www.nzherald.co.nz/nz/news/ar...ectid=10577607

...
A policewoman who arrested a householder in his driveway after a traffic stop has been found guilty of assault but discharged without conviction after an unusual private prosecution in Christchurch District Court.
...
Waru and her partner were doing a traffic stop in Greers Road when they saw Mr Tonks stop his car and back up a cul-de-sac and into a property. He said at the hearing that he and his wife had returned home because they realised they had forgotten some mail they were going to post.
...
Waru approached Mr Tonks in his driveway to check his identification under section 114 of the Land Transport Act.

Judge Strettell accepted she had the power to do that and had not committed trespass. Mr Tonks had been unco-operative and initially declined when asked to give his name.

Judge Strettell said Mr Tonks had no obligation to be co-operative in the circumstances.

The courts had held that a driveway was a private area. Section 119 of the Act provided power for the police to enter private property if an officer suspected that the driver had failed to stop when required, or had committed an offence and there had been a fresh pursuit.
...

[p.dath]

He held that without these conditions, the constable had no power to arrest Mr Tonks for failing to provide his details unless he was on a roadway, beach, or a place to which the public had access.

[Ixion]

That has always been my understanding of the law. Well done, that judge. Give him an orang-utan.