Police Powers And Your Rights

[GHOSTrun]

Johnny, You should start a new thread with up-to-date info.

[Astro Bear]

Johnny, You should start a new thread with up-to-date info.

x2. This is so important.

[PM-R33]

I mainly want to know about the searching a vehicle thing. I've had my car searched twice and i had nothing to hide so let them, however they had no reason to do so and held me up for quite some time and just pissed me off. We really don't know much about what they can and can not do

[GTR-N1]

I mainly want to know about the searching a vehicle thing. I've had my car searched twice and i had nothing to hide so let them, however they had no reason to do so and held me up for quite some time and just pissed me off. We really don't know much about what they can and can not do

I'm still waiting for a 2nd e-mail reply from the God Squad member who had his 'offensive weapon' charge overturned 3 months ago.

The judge stated that the police "carried out an illegal search".

If I get no reply, I might have to source the transcript thru someone else. At least there is now a precedent.

[PM-R33]

Cool, let us know how you go.

I just don't think a cop can pull you over, ask you to step out of your car and tell you he is searching the car. When it happened to me a year ago i was like "Are you f***ing serious, i dont have drugs in the car if that is what your looking for". Then the cop started questioning me on all the money spent on the car. Made my blood boil to be accused of something subtly. Was in front of a lot of people and i was picking me girlfriend up at the time. Don't exactly want to go through that again so would like to know where we stand with this sort of thing.

[WIHAGTR]

Simple, anything they say your response should be... "are you asking or telling me?". If they say it's an order and later they charge you with said item, it will be void. That question always gets them, makes em play by the rules

[dan_the_man]

Johnny, You should start a new thread with up-to-date info.

Or you could do your own research and look it up yourself.

WA info can be found here:

http://www.skylinesaustralia.com/forums/In...gu-t295752.html

[4teecal]

I mainly want to know about the searching a vehicle thing. I've had my car searched twice and i had nothing to hide so let them, however they had no reason to do so and held me up for quite some time and just pissed me off. We really don't know much about what they can and can not do

In the end they can ask you and seek consent, but ultimately they can enter into and inspect any vehicle for mechanical defects. The illegality of your mates search may have stemmed from other issues related to specific search powers under certain acts.

[[200]]

I mainly want to know about the searching a vehicle thing. I've had my car searched twice and i had nothing to hide so let them, however they had no reason to do so and held me up for quite some time and just pissed me off. We really don't know much about what they can and can not do

Speaking from policing experience...

There are 4 things that an officer can use to assist them in getting reasonable cause to search a vehicle.

The old SHIT theory

S - Situation

H - History

I - Intelligence

T - Time

Situation,

Speaks for itself, if you're driving around late at night in a suburb that is out of your way and don't have a good reason for being there than it starts to raise some eye brows. A bit different if it's in the middle of the day driving to and from work or if you have a decent excuse such as working in the area.

History,

Any previously history related to you or the car you're driving. Anything involving drugs, firearms ect

Intelligence,

If there have been reports made by members of the public of anything suspicious happening in the area you might be stopped in. Any intelligence reports that police put on people or the vehicle you're driving or reports from crime stopper ect ect

Time,

As per situation, unlikely you'll be searched in the middle of the day, rush hours, driving to and from work.

A lot of crooks cannot give you a straight story or they change it when you ask them what they are doing. When you can get your SHIT together then you'll more than likely have reasonable cause to search a vehicle. You wouldn't just search a car or someone if you only have one of those 'requirements'.

Police still need to cover the legislation requirements under LEPRA (inform of search, warn that failure to comply is an offence, provide their rank, name and station of duty and give their reason for searching).

When you do all that, thats when you have a legit search. When you dont the search is illegal and anything found will more than likely be thrown out at court because you never had reasonable cause.

[R31Nismoid]

Since this thread is from 2005 and a lot has changed nowadays i think we should have a sticky with the most latest "police powers" somewhere for each state. Maily to do with when police pull you over. If you are doing something illegal and get caught thats your own problem, but if you are doing nothing wrong and are targetted due to the vehicle you drive, you should know all your rights.

There is a lot of information that most of us don't know and police know that we don't know this information and therefore bend the rules a lot.

I for one don't know most of the rights police have when they pull you over and usually just do exactly what the polics officer asks, even letting them search my vehicle. I'm sure if we knew a lot more to it, it would make future situations easier.

Just a thought.

Well if anything all that has changed - is additions to the laws.

You can always ring the Police and ask specific questions about new laws if you wish.

You'll generally get some officers quite willing to answer questions in face value.

However when you start giving long winded stories they will quickly tune out as it's all circumstancial.

If you ask direct, non BS questions like - "On what grounds can police search my car"

You'll get a list of answers. Now if your situation doesn't fit into that - dont argue with the officer in question, just remember for next time and ask them why etc.

You'll find if you are loaded with info and put it forward well, they will stop anything as officers can see you have half an idea.

[PM-R33]

Speaking from policing experience...

There are 4 things that an officer can use to assist them in getting reasonable cause to search a vehicle.

The old SHIT theory

S - Situation

H - History

I - Intelligence

T - Time

Situation,

Speaks for itself, if you're driving around late at night in a suburb that is out of your way and don't have a good reason for being there than it starts to raise some eye brows. A bit different if it's in the middle of the day driving to and from work or if you have a decent excuse such as working in the area.

History,

Any previously history related to you or the car you're driving. Anything involving drugs, firearms ect

Intelligence,

If there have been reports made by members of the public of anything suspicious happening in the area you might be stopped in. Any intelligence reports that police put on people or the vehicle you're driving or reports from crime stopper ect ect

Time,

As per situation, unlikely you'll be searched in the middle of the day, rush hours, driving to and from work.

A lot of crooks cannot give you a straight story or they change it when you ask them what they are doing. When you can get your SHIT together then you'll more than likely have reasonable cause to search a vehicle. You wouldn't just search a car or someone if you only have one of those 'requirements'.

Police still need to cover the legislation requirements under LEPRA (inform of search, warn that failure to comply is an offence, provide their rank, name and station of duty and give their reason for searching).

When you do all that, thats when you have a legit search. When you dont the search is illegal and anything found will more than likely be thrown out at court because you never had reasonable cause.

Very interesting! Thanks man. Well then the search was illegal the time i was picking my girlfriend up, at no point did the officer tell me his name, station or a reason for searching the car. He just kept hinting at drugs till the point i said "Dude i don't do drugs, i hate drugs and you aint going to find a trace of them in my car".

Good to know for future reference

Edited January 5, 2010 by PM-R33

[[200]]

That was for NSW, each state has different legislation.

You may think they don't have any cause but that isn't always the case...

[NYTSKY]

In my experience, its better to smile, do what they say, dont lie, and most importantly dont get agro.

You will come off 10x better than if you try and stick it to the man.

90% of the time you are pulled over because you did something wrong or you did something to draw attention to your car.

Police put sooo much time into trying to nab people for driving offences because it makes money, catching real criminals cost money.

[brothersrice]

Thanks for your post Jonny.Through this discussuin we came to know many things about this system. Everybosy gave their own opinions and we got to know some useful infomations. Thanks for the thread.

Lots of good information. people should be aware of this.We trust police but we need to be careful about our rights too.

[[200]]

Police put sooo much time into trying to nab people for driving offences because it makes money, catching real criminals cost money.

It's a shame a lot of people think like this.

Perhaps you should spend a couples days in court and find out what really goes down. I am sure you're probably brain washed by the experiences you had and experiences people have shared with you because you're on a car forum and have an interest in cars. People only see what the media shows unless they are a witness to what happens and if that is honestly what you think than you have no idea what goes on when you sleep or when you are at work.

The jails are full with traffic offenders.

[GHOSTrun]

The jails are full with traffic offenders.

Outstanding isn't it.

[GTR-N1]

The jails are full with traffic offenders.

What hope is there for us if they merge?

[Astro Bear]

Perhaps you should spend a couples days in court and find out what really goes down.

Been there, done that...All I saw were a bunch of lying cops.

I would trust a used car salesman over a cop any day of the week.

[djgtr32]

I actually wish police had more power, I'm sick of seeing habitual drunk drivers, speeders, dangerous drivers loose their license for a short time if at all and then be allowed to get back behind the wheel of a 1+ ton weapon. eg: BAD DRIVER!

I have young children and I can protect them in my home but every time we go for a drive anywhere their lives are in the hands of the hundreds of motorists that pass within few feet of my car, i would love to see more of the incompetent and dangerous drivers permanently removed from our roads.

There's a place for speeding, its called a racetrack.

There's a place for drink driving, its called a PS3 or XBOX.

There's a place for incompetent drivers, its called a passenger seat.

[[200]]

I think the penalties aren't harsh enough and no Magistrate / Judge has the guts to use the maximum penalty. They give ‘discounts’ when some low life pleads early and when a crook get a ‘harsh sentence’ they just take it to the district or supreme courts and have it reduced.

I could go ‘hurt’ someone and if they were to die I would probably be charged with murder. I would use the excuse, I didn’t mean to kill him, give my reasoning why and probably have a backup charge of manslaughter added to the charge sheet. I’ll then make a ‘plea bargain’ to say I’ll plead guilty to the manslaughter if they dropped the murder charge – hey presto, a much shorter time behind bars…

I think it’s very disgraceful…

Police do their job (not very good sometimes) and put people before the courts and the courts let the system down.

Solicitors and lawyers are just tick, fleas and leaches. They just suck the blood out of their clients with the bullshit they spin and the amount of time they waste in the courts.