The Independent Police Conduct Authority has found that the arrest of a man for disorderly behaviour in Palmerston North in 2020 was not justified, and the man should not have been given a formal warning.
In September 2020, two police officers drove past a man and his friend who were crossing an intersection in Palmerston North at 3am.
The men did not cross at a pedestrian crossing and were standing in the middle of the road. One of the officers told the men to get off the roadway and the men yelled abuse at the officers as they drove past them.
The officers turned their car around and stopped next to the men, who were now standing on the opposite footpath. Two witnesses saw the officers get out of their car and aggressively confront the men.
The interaction escalated and an officer warned one of the men that he would be arrested for disorderly behaviour if he continued behaving in that way. The man continued the abuse and was arrested for disorderly behaviour. The man was later released on a formal warning for the offence.
One of the witnesses complained to the IPCA.
In its findings, the IPCA did not think the arrest was warranted as the man was not upsetting the public order, nor pose a risk of a violent response from the public.
The IPCA also found that the way in which the officers dealt with the incident was unprofessional.
A parallel police investigation found that the attitude and manner in which the officers approached the situation was a significant factor in causing it to escalate. The investigation also found that the interaction could have been better managed by the officers.
Subsequent to the IPCA's investigation, police accepted that the arrest of the man was not justified. Police have apologised to the man and removed the formal warning from their database.
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