The Authority oversaw a Police investigation after a Police officer sprayed pepper spray through an open bedroom window of a home to try to get a man to come out so that he could arrest him.
The officer and his colleague had gone to the home to arrest the man in relation to a family harm incident that occurred a week prior. However, they did not have a warrant.
The officers knocked on the door of the home, and after hearing noises inside, shone a torch through an open window and saw a person’s feet sticking out from under a bed. After instructing the person to come out for some time, one officer warned the person that he would use pepper spray and then sprayed this through the open window. The man came out shortly after this and was arrested.
The investigation found the use of pepper spray in these circumstances was not justified because the man was passively rather than actively resisting arrest. Ultimately though, the officers had no legal power to use force such as pepper spray, because they had insufficient information to confirm the identity of the person under the bed, and had no legal power to enter the home to confirm this.
Police considered charging the officer with assault with a weapon but determined that this was not in the public interest, and the Authority agreed.
Police found that the officer had breached Police policy on use of force and had engaged in serious misconduct.
The Authority is satisfied with the Police investigation and agrees with outcome reached.
IPCA: 25-30263