The cop was clearly searching for contraband, a common problem in prisons. And if no harm comes to the baby I see no big problem with it. But the law needs to be changed, not breached
The family of an eight-month old baby is suing the state of NSW claiming he was unlawfully strip searched by a female police officer.
The boy's mother was on her way to visit his father in jail on September 2, 2018, when the officer allegedly took the baby out of his nappy, spread the his leg's and inspected his body.
The incident outside Mid North Coast Correctional Centre near Kempsey is the second such allegation to go to court in NSW with the family of a 16-month-old boy settling out of court in a previous case.
There is no suggestion either child's family were attempting to smuggle contraband and it is not clear if the same officer was involved in both incidents.
When arriving for the visit about 8.30am, both the baby and mother were first examined by sniffer dogs before being directed on to a bus where the boy was allegedly further searched.
'The police officer inspected the (baby's) naked body, including (his) genitals and buttocks area,' court documents seen by The Daily Telegraph state.
The lawyers for the baby under direction of his mother are suing for unlawful detention and battery.
'NSW laws clearly state that a child under 10 cannot be strip searched,' their lawyer Todd Scott said.
The law in NSW also states a member of the same sex must perform any strip search.
He added the alleged incident was a 'flagrant' violation of the rights of the baby who was unable to assert any objection.
The family is also seeking damages in Port Macquarie District Court.
The state on behalf of NSW Police is yet to submit a defence in the case.
https://www.dailymail.co.uk/news/article-10655749/Babys-family-sues-police-claiming-illegally-strip-searched-NSW.html
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