A police officer in Waitematā, Auckland, chased a woman after she gave him the 'thumbs down', leading to what the IPCA has found to be an unlawful arrest.
After a woman signalled the “thumbs down” at a police officer when driving past him, he pursued her and ripped her top as he tried to grab her, exposing her underwear, and then tried to enter her home.
The “distressed and panicked” 48-year-old woman inadvertently slammed the officer’s hand in her sliding door as she ran inside, badly cutting him, and was subsequently pepper-sprayed.
The Independent Police Conduct Authority (IPCA) has lambasted the officer for his actions, finding they were unlawful and disproportionate.
Police, however, disagree with the findings, having conducted their own investigation and concluding that the actions of the experienced officer were lawful and justified.
According to IPCA findings, released today, the woman was driving in Waitematā, Auckland, on the morning of December 22, 2022, when an officer approached from the opposite direction at an intersection.
The woman, who described herself to the IPCA as “usually a very quiet and modest woman”, put her arm out the window and gave the police officer the “thumbs down”, while moving her arm up and down several times.
She said she did it because it was the internationally recognised sign for “all is not okay”, and she, moved by “the events of the past year”, wanted to send the officer “a message”.
“I hoped the cop would take it on the chin,” she said.
But the officer said he believed the woman may have been under the influence of drugs or alcohol, so he signalled for her to stop.
However, the woman instead drove to her home about 800m away with the officer in pursuit.
Once she arrived, she got out of her car and asked the officer if he had stopped her because she made the gesture.
According to the findings, he did not answer her and instead asked for her driver’s licence and details.
The woman refused to provide these and turned away from the officer.
He then told the woman she was under arrest and tried to grab her.
The woman’s halter-neck top ripped during the altercation, leaving her underwear exposed.
She ran down the driveway, followed by the officer, yelling for her parents to help, the findings stated.
As she ran into the house, the woman slammed the sliding door closed.
The woman was unaware that the officer’s hand was in the doorway, and as the door slammed shut, he suffered a deep laceration.
She immediately went upstairs to change her top while her mother approached the officer and attempted to help him with his injured hand.
A short time later, the woman returned downstairs, put her hands in the air, and told the officer he could arrest her.
He responded by pepper-spraying the woman, and she was taken into custody.
After the incident, the woman pleaded guilty to failing to stop, failing to provide her name and address, and resisting arrest.
She pleaded not guilty to having a reckless disregard for the safety of others, concerning the officer’s injury. This charge was later dismissed.
The criminal case concluded last year.
The woman went on to complain to the IPCA, alleging the officer made no attempt to de-escalate the situation and was “unnecessarily brutal” in his dealings with her.
She believed there was no need for him to use pepper spray on her.
The IPCA found the officer was unjustified in stopping her vehicle, and in using subsequent force.
The authority did not accept that the officer stopped the woman out of a genuine belief that she may be driving under the influence of drugs or alcohol.
It found there was no indication during the incident that he believed this to be the case.
The IPCA instead believed the officer was reacting to the woman’s “thumbs down” gesture.
Given that the IPCA found the officer had no legal justification for stopping the woman, it concluded that he had no legal basis for arresting her, using force when he grabbed her, or attempting to enter her house.
It also concluded that his use of pepper spray was unjustified as the woman posed no immediate threat.
“In addition, regardless of whether or not he believed the vehicle stop to be justified, when speaking with [the woman], he must have seen that she was clearly distressed and panicking.
“[The officer’s] manner of dealing with her unnecessarily escalated the situation to the point where he used force. His communication with [the woman] was poor and he missed several opportunities to de-escalate the situation.
“In our view, it would have been appropriate for police to have considered disciplinary proceedings in this case.”
The IPCA recommended that police consider making an application for a retrial and offer no evidence.
But police have indicated it would not be taking the matter any further.
In a statement issued today, Superintendent Naila Hassan, Waitematā district commander, acknowledged the IPCA findings.
Hassan said the officer involved was experienced and had worked in road policing for more than a decade.
“Police consider that such gestures may reasonably indicate driver impairment, so stopping a driver’s vehicle to determine whether the driver is impaired is squarely within a police officer’s lawful authority.”
Police noted the IPCA’s consideration that unsolicited gestures are not a genuine land transport purpose for a stop.
“Police found his actions were lawful and justified given that he was acting within his capacity as a police officer and in accordance with the Land Transport Act 1998,” Hassan said.
She said, taking that into account, the police did not intend to take further action in this matter.
Tara Shaskey is an assistant editor and reporter for the Open Justice team. She joined NZME in 2022 and has worked as a journalist since 2014.