Key Takeaways
- A woman was pulled over by a police officer in Waitematā, Auckland, after she gave him the "thumbs down" gesture while driving.
- The Independent Police Conduct Authority (IPCA) found the officer’s actions were unlawful and disproportionate.
- The officer’s use of force, including pepper-spraying the woman, was unjustified and unnecessary.
- The IPCA recommended that police consider making an application for a retrial and offer no evidence, but police have indicated they will not be taking the matter further.
- The incident highlights the need for police to de-escalate situations and use proportional force when interacting with the public.
Introduction to the Incident
The incident in question occurred on December 22, 2022, in Waitematā, Auckland, when a woman was driving and gave a police officer the "thumbs down" gesture while moving her arm up and down several times. The woman, who described herself as "usually a very quiet and modest woman," claimed she made the gesture because it is the internationally recognized sign for "all is not okay" and she wanted to send the officer a message. However, the officer believed the woman may have been under the influence of drugs or alcohol and signaled for her to stop.
The Confrontation
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. The officer did not answer her and instead asked for her driver’s license and details. The woman refused to provide these and turned away from the officer, who then told her she was under arrest and tried to grab her. The woman’s halter-neck top ripped during the altercation, leaving her underwear exposed, and she ran down the driveway, followed by the officer, yelling for her parents to help.
Injuries and Arrest
As the woman ran into the house, she slammed the sliding door closed, unaware that the officer’s hand was in the doorway. The officer suffered a deep laceration, and the woman 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. However, the officer responded by pepper-spraying the woman, and she was taken into custody.
IPCA Findings
The Independent Police Conduct Authority (IPCA) found the officer’s actions were unlawful and disproportionate. 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. Instead, the IPCA believed the officer was reacting to the woman’s "thumbs down" gesture. The IPCA concluded that the officer had no legal justification for stopping the woman, and therefore, he had no legal basis for arresting her, using force when he grabbed her, or attempting to enter her house. The IPCA also found that the officer’s use of pepper spray was unjustified as the woman posed no immediate threat.
Police Response
The police have indicated that they will not be taking the matter further, despite the IPCA’s findings. Superintendent Naila Hassan, Waitematā district commander, acknowledged the IPCA findings but stated that the officer’s 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. However, the IPCA’s consideration that unsolicited gestures are not a genuine land transport purpose for a stop was not taken into account by the police.
Conclusion
The incident highlights the need for police to de-escalate situations and use proportional force when interacting with the public. The IPCA’s findings suggest that the officer’s actions were unnecessary and unjustified, and the police’s decision not to take further action raises concerns about accountability and transparency within the police force. The incident also raises questions about the use of force by police and the need for officers to be trained in de-escalation techniques to avoid similar situations in the future.
