Case 36: Coercive questioning by police breaches freedom of movement and right to privacy

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Mr Kaba, a black man, was a passenger in a vehicle that was subject to a random stop and search by the police. The police asked for Mr Kaba’s name and address multiple times. Mr Kaba refused to provide these details and protested about racist harassment. The matter went to the Supreme Court which found that the police acted incompatibly with Mr Kaba’s rights to privacy and freedom of movement by repeatedly demanding his name and address. The police questioning was found to be coercive, in that Mr Kaba was made to feel that he could not choose to leave or refuse to co-operate, and was in breach of Mr Kaba’s Charter rights and Victoria Police’s obligation to act in a way that is proportionate and compatible with human rights.

Sources: 2014 Report on the Operation of the Charter of Human Rights and Responsibilities, pp. 71-72; DPP v Kaba [2014] VSC 52. See our case summary here: https://www.hrlc.org.au/human-rights-case-summaries/random-stops-and-license-checks-by-police-lawful-coercive-questioning-not