Hack can reveal more than 150 people were kicked out of a Sydney festival despite being searched and found without drugs, prompting a potential class action against the NSW Police.

About 30 of those punters have joined the legal action so far saying they were kicked out of Sydney's Midnight Mafia hardstyle festival in May where a tough new drug dog strategy was conducted.

NSW Police refused entry to the event if a sniffer dog gave "an indication" someone had drugs on them.

That's even if a subsequent search found no illegal substances.

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Whatsapp An artist performs at Sydney's Midnight Mafia festival in Sydney.

One hundred and eighty-seven people were searched and kicked out, according to a police report, and only 35 of them were found with drugs on them.

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"Even though each individual's claim may be relatively small - the loss of enjoyment, going to a concert, the personal difficulties they have on their night, the loss of ticket, or the travel costs - but when you bring all of these claims together that's when you have a viable action," Greens MP David Shoebridge - who is spearheading the action - told Hack.

"That's when you get the critical mass to hold organisations the size of the NSW Police to account."

Type of legal action still being assessed

This strategy was used by NSW Police most recently at Sydney's Above and Beyond concert where five people were turned away or kicked out despite having nothing on them.

"We really are just trying to work out the most viable course of action whether it's a case that the police exceeded their statutory powers, whether the police potentially engaged in what's called an intentional tort of trespass against individuals," David says.

"Or it may even be based on consumer protection laws.

There's undoubtedly a significant civil wrong that's been done but we just need to be sure we have the most viable course of action.

People suspected with drugs will be refused entry

In a statement, NSW Police told Hack that of the 187 people searched at the festival more than 3,500 MDMA capsules were found.

Police say 13 people were charged with supplying drugs at Midnight Mafia

"If you are suspected of drugs or alcohol, you will be refused entry into the event," a spokesman says.

"Our top priority for police is the safety of all event staff, performers and music fans throughout the festival... We want everyone to have a great time but we won't tolerate behaviour that risks the safety of others."