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NSW Police powers ,stop search question???

Discussion in 'Politics, Laws, Government & Insurance' started by Zbike, Sep 13, 2007.

  1. I have tried looking around ckecked the civil libertarians websites along with the NSW council one and countless goggle pages but have no concrete answers on some aspects of the law.

    Just need someone to clarify my muddy asumptions.

    1) You do not have to talk to police unless you are driving a motor vehicle in which case you must provide ID/state your name

    2) Is it a requirement to provide your name/talk/answer fishing questions to police if u are not driving a passanger or just walking in the park.

    3) Police do not have the power to search a person unless arrested, or marked by a sniffer dog in designated areas.

    4) Police can search motor vehicles without consent???? or those this only apply to specilised highway checkpoints

    5) do you have to comply with police commands such as "empty your pockets". I know your have to comply with "move on orders" and "breath test"?
  2. As snaffled from elsewhere:

  3. beautifully said, and may i add from the nsw police code

    Powers to stop and search people or to stop and search a vehicle without an arrest.

    Before exercising your powers you must have reasonable grounds to suspect the person or vehicle is carrying any article as set out in the sections referred to above.

    In determining whether you have reasonable grounds to suspect consider all the circumstances of each situation including:
    • the nature of the article
    • the time and location
    • the behaviour and actions of who you want to search
    • antecedents - if known (do not use this as the sole grounds)
    Some factual basis for your suspicion must be shown. It may be based on hearsaymaterial or materials that may be inadmissible in evidence, but the material musthave some probative value.

    Do not detain someone using these powers for the purpose of questioning. Do not detain anyone or vehicle for longer than is reasonably necessary to conduct your search.

    If you do not find anything or you are not going to arrest let the people or vehicle go.
    Do not stop or detain someone against their will to find grounds on which to base your suspicion. You must have the suspicion beforehand.

    Before searching you may question someone about what gave rise to your
    suspicion. However, they do not have to answer.

    If you are planning illegal activities :LOL: , better read the whole code found here:
  4. They can require name and address, if the believe you can help with or were involved in an offence because you were at or near where an offense did or may have taken place at or near the time it took place. Proof of identify can also be required.

    As per above. Applies whether your walking in a park or a passenger in a vehicle. In the case of a vehicle, they can require identification of all persons in a vehicle, from any person in the vehicle or owner of the vehicle, if those person(s) were in the vehicle at or near the time it, or anyone within it, was or may have been involved in an offense or at the time the vehicle last stopped before the requirement for identification was given. Proof of identify can also be required.

    They can search anyone, and any time (no arrest required), if they have reasonable suspicion that you have; anything that was stolen, anything that is intended to be used for an offence, anything that is dangerous and your in a public place, or you have drugs. They can seize and keep any such items found in the search too. You are correct about the sniffer dogs, with 'marking' meaning they sit down beside you. They can only be used in specified places though (pubs, entertainment venues, public transport, certain transport routes, etc.) without a warrant. Some additional places (eg. schools) also give them additional search powers (eg. can search a locker even in assumed offender is nowhere near it).

    Search for vehicles is as per above, and as per above above consent is not required. 2 additionals for vehicles; if cirumstances exist in or near a public place or school that gives rise to concern for public safety then vehicles can also be searched, and police can have suspision as per above of anyone within a vehicle (not just owner or driver) for a vehicle to be searched.

    Yes, you do. If they are performing a search and have reasonable suspicion of you as previously outlined for searches. This also applies for removal of outer clothing (eg. coat, jacket, gloves, helmet, etc.)
  5. 6.Do not invite them to search or agree to their request to search. Say loudly to them: "I am not consenting to this search. As far as I am concerned, it is illegal."

    Thats a good one, because you may think you dont have to do something but the cops will assure you that they by law are allowed to do anything they wish.

    Stand your ground, and if they persist, tell them you will do nothing or say nothing until you have spoken to your lawyer.

    Also, not sure if this applies to everywhere, but in SA if the cops want to search your car, just tell them you wont do anything until a justice of peace shows up ;) thatll put them in a great mood :twisted:

  6. Also, another thing is that if cops don't get their way, they'll often demand details. Ie. they'll say, "Leave this area now". And if you refuse, they'll ask you for id.

    That's a technique they're often told (from the mouth of a few cops). If they want someone to co-operate with them, without paperwork, asking for ID will usually do the trick.

    Firstly, they can't just ask for id with no reason.

    You have a reciprocal right under s456AA of the Crimes Act to request they provide you with details also. You just have to state your name to them, however they are required to produce their details in writing, if you demand it..

    Knowledge is power..
  7. There are many people authorised under various acts who have similar and sometimes more power than plod.
    You dont have to be a copper to do what zbike asked about. :wink:
  8. Personally,i respect what the majority of the coppers do for a living, that i would go out of my way to help them. And because i prefer to live in a world that everyone around me is "good" and not a "terrorist", i would accept by default that any coper who asks me a question is a good person, even if that person is actually a drug dealer, molester, redneck ect...

    Having said that, i respect our freedoms (that we don't have) and i love this thread and everyone's input, cause it explains our rights and helps us understand what we are entitled. Please use these advices if you want to, i will not...
  9. Each to their own I guess...

    Although, Supernego you wouldnt have any of that respect for the coppers if you found yourself in a situation where you have nothing to do with anything and the cops treated you like a crim!

    Some of them (by that I really do mean most) are complete (fill in the blank)!!! :furious:

    Having said that, I must admit, there are a few decent ones out there, which do a great job!

    Thats my 5c worth

  11. i've read stories about the NSW police+ the underworld+drugs etc, that makes you lose trust in the police and other establishments. But every time i came close to a cop, even when they gave me a ticket, or when they come in accidents during our rides, i feel like they are doing some service to us, so I'm willing to give them the benefit of the doubt and help then with their job..
  12. Having said that, here a story from this week's abc law report
    Not only the cops did a "brake in and entry", but the victims got no justice at the end... At the end of the day, they have the guns, we don't

  13. Thank u for th posts very help full, ill read the police guidlines PDF and see if i have any more questions after that.