Police Powers And Your Rights, What You Need to Know!!!

GTS_300_Coupe · 22-12-2005, 10:59 PM

READ THIS FIRST!!!

DISCLAIMER:

Seeing as I had to open my big mouth, I'm going to try and compile a list of police powers and drivers rights. Will try to keep it as up-to-date and accurate as possible, but am not holding this information out as being reliable, and will not be liable for anything that results from using this information. I don't want to leave myself open to being sued for trying to help someone out (as I'm sure you can all understand).

I studied police power and procedure a couple years ago, and hopefully still have something lying around that may come in useful...

I will also have to find out if different States operate differently, and will try to start with my own State (qld) and work my way out. Will start with the basics, e.g. what you are entitled to tell police and do for them, what to look out for, and when to ask for a lawyer (which really puts the ***** up em!)

Bear in mind, I'm not trying to train you all up to give police a hard time, just let you all know what your rights are, and put an end to the abuse of police power that occurs all too often.

If you have any questions, or have interactions with a police officer that you want to explore with me, feel free to post in here.

GTS_300_Coupe · 22-12-2005, 11:16 PM

QLD MEMBERS:

"Police Powers and Responsibilities Act 2000" seems to be a good place to look if you're in QLD: Link to the file should be attached to this posting.

Section 29 - Searching vehicles without warrant

Section 30 - Prescribed circumstances for searching vehicle without warrant

(When they refer to "reasonable suspicion", it doesn't just mean the officer says so, there has to be something of substance to make that suspicion reasonable. He can't just have a hunch).

Section 32 - Required to give Name and Address

Section 33 - Prescribed circumstances for requiring Name and Address

(Very important for officers that like to harass motorists!)

Part 6, Division 1 - Worth a read.

Section 51 - When Police Officers can stop you when you're driving your car.

Sections 54 and 55 - Powers to search vehicles, and when.

Part 6, Division 2 - When Police can tow your vehicle.

Section 228 - Right to Remain Silent (worth a read)

There's more to it, but thats a good hit up for QLD'ers!

Police Powers and Civil Rights QLD PDF

GTS_300_Coupe · 22-12-2005, 11:17 PM

As a more basic and general introduction to the law, here's a basic rundown of your expectations and obligations as a motorist:

1) You HAVE to tell the officer your name and address.

2) You HAVE the right to request a lawyer at any point where YOU feel you require one.

3) You can ask and WILL receive the officers name and badge number where you request it, in furtherance of making a formal complaint.

4) You do NOT have to get out of the car if you do not want to (pretty sure this is still the case).

5) If an officer asks you for anything or to do anything, you can ask if you are legally required to, or if you must volunteer. This is especially important where an officer asks if he might enter your premises or examine your vehicle. It doesn't hurt to ask...

6) As a general rule, officers need 'reasonable suspicion' to do most anything. They cannot start harassing you out of the blue, it has to arise as a result of something that precedes your being pulled over.

7) Once you ask for a lawyer, you're entitled to one. If your request is denied, anything that follows on from here is inadmissible in court, as an improper police procedure has been executed at that point.

8) If in doubt, ask if you are required to do what is being asked of you. And if the answer is 'yes', refer that to a lawyer skilled in civil and criminal procedures...

The above is only a guide. Again, it is NOT gospel, and may have been repealed by laws enacted from the time of their inception. But it's better than nothing!

GTS_300_Coupe · 22-12-2005, 11:18 PM

I found THIS for the NSW Police Act

GTS_300_Coupe · 22-12-2005, 11:19 PM

and VICTORIA

......covers what info you need to give to police, vehicle searches etc.

eb91xr6 · 22-12-2005, 11:25 PM

what about SA

GTS_300_Coupe · 22-12-2005, 11:28 PM

I'm still looking for info, found this though.
Bit more general info on Your Legal Rights and Obligations.
The Victorian Motor Traffic Law FAQ

f6xer · 22-12-2005, 11:30 PM

Thanks for the info but unfortunatly nothing is coming through on your link. It's is always a good idea to know what the limits of the law is so firstly I don't step over the line and secondly the police don't abuse there position.

mustang · 22-12-2005, 11:40 PM

right click the link and click save target as

svo347 · 22-12-2005, 11:56 PM

Wheres the WA stuff bud...

GTS_300_Coupe · 23-12-2005, 12:00 AM

I'm looking im looking okay everybody can chip in their personal experiences/info if they want.

GTS_300_Coupe · 23-12-2005, 12:11 AM

Okay this is what I've found:

South Australia
EPA
Licensing and Registration
Road Traffic Act 1961

Western Australia
Licensing and registration
Police
Road Toll info
Road Traffic Act 1974

ACT
Police
Road Transport Act 1999 (Vehicle Registration)

Road Transport Act 1999 (General)
Road Transport Act 1977 (Alcohol and Drugs)

Northern Territory
Police
Road Toll Info
Traffic Act

gtfpv · 23-12-2005, 12:20 AM

thanks mate very helpfull . most people like myself wouldn't have a clue.

EDXR6T · 23-12-2005, 12:21 AM

dame dude u got to help out ppl down in V.I.C
know of n e site's??

GTS_300_Coupe · 23-12-2005, 12:30 AM

Quote:

Originally Posted by EDXR6T

dame dude u got to help out ppl down in V.I.C
know of n e site's??

Did you read the PDF file I posted?

Anyway, here's more info just incase:

Victoria
EPA
Licensing and Registration
Motor Traffic Law F.A.Q
Police
Road Toll Info
Roadworthiness Certificates
TAC
TAC Crash Database
Vehicle Standards Information
Victoria Legal Aid
Police Powers/Know your Rights
Police Regulations Act 1958
Road Safety Act 1986
Road Safety Regulations (Vehicles) 1999
Road Safety Regulations (Road rules) 1999
Road Safety Regulations (General) 1999
Road Safety Regulations (Drivers) 1999

Hope that helps mate.

:

LTDHO · 23-12-2005, 07:32 AM

Quote:

Originally Posted by GTS_300_Coupe

Did you read the PDF file I posted?

Anyway, here's more info just incase:

Victoria
EPA
Licensing and Registration
Motor Traffic Law F.A.Q
Police
Road Toll Info
Roadworthiness Certificates
TAC
TAC Crash Database
Vehicle Standards Information
Victoria Legal Aid
Police Powers/Know your Rights
Police Regulations Act 1958
Road Safety Act 1986
Road Safety Regulations (Vehicles) 1999
Road Safety Regulations (Road rules) 1999
Road Safety Regulations (General) 1999
Road Safety Regulations (Drivers) 1999

Hope that helps mate.

:

Great stuff, I'm sure alot of members will apprieciate it.

I wonder why road laws/regulations are not advertised for all to see? ie during bathurst or during the news. there only needs to be a ticker tape across the bottom of the screen!

jmc-007 · 23-12-2005, 10:47 AM

Can we have this one as a sticky pls

MYVYSS · 23-12-2005, 11:17 AM

Quote:

Originally Posted by GTS_300_Coupe

7) Once you ask for a lawyer, you're entitled to one. If your request is denied, anything that follows on from here is inadmissible in court, as an improper police procedure has been executed at that point.

OK so Devils Advocate here,

I get pulled over for speeding, before the ticket is issued I ask for a Lawyer, copper Laughs and gives me a ticket, I fight it in court, and tell them exactly what happened....does that make the ticket Inadmissible in court as improper police procedure has been executed, which in turn means the ticket is NULL and VOID....BINGO NO MORE SPEEDING FINES EVER.....

Redrum · 23-12-2005, 12:36 PM

Looks to me just another beat up of cops. All law, whether traffic, criminal, civil etc is in the public domain. I would advise people not to go what is written on public forums but to read state acts, visit relevant government websites, speak to police or speak to a solicitor.

nang3 · 23-12-2005, 12:40 PM

Quote:

Originally Posted by MYVYSS

OK so Devils Advocate here,

I get pulled over for speeding, before the ticket is issued I ask for a Lawyer, copper Laughs and gives me a ticket, I fight it in court, and tell them exactly what happened....does that make the ticket Inadmissible in court as improper police procedure has been executed, which in turn means the ticket is NULL and VOID....BINGO NO MORE SPEEDING FINES EVER.....

haha nice try, im sure there would be a way out of that one for the copper!! would be good if it worked though - in the middle of robbing a bank of $20mil or the likes haha

RED_EL_XR8 · 23-12-2005, 01:11 PM

Don't be and act like a toss-pot in public and on public roads!

Don't be the idiot whose stupidity and idiotic acts shine above the stupidity of others in a sea of idiots!

Don't associate and congregate with idiots in the pursuance of idiotic behavior!

Consider the value of fitting that "book me" accessory or those illegal mods, (particularly those mods that serve no value for performance or handling and serve no purpose other than to impress the wearers of ill fitting trousers.)

If pulled over, consider before blurting out terms like "Harassment" and a plethora of swine and farmyard related insults, what harassment actually entails!

Before playing bush lawyer consider for at least a moment, that for you law is a part time pursuit and you are taking on a professional that does this stuff for a living (as well as pulling fools that knew better out of trashed vehicles and delivering news to their relatives) , so odds on the guy in the uniform knows more angles than you have ever dreamed of, and knows all the "get out of gaol" free clauses.

I've held a drivers license longer than many reader here have been on the planet, and in nearly 30 years can only recall one booking that I'd consider was unfair amongst numerous bookings.

Powers to search vehicles etc will fall under many acts and provisions from many areas of law, to follow or rely on interpretations of one set of laws is foolhardy indeed.

You do have to exit a vehicle when requested, failing to do so after a police officer has adequately identified them-self is defying a reasonable request from a police officer and entitles you to be apprehended.

Ever wondered why some people are driving away in minutes and others are detained on the roadside for an eternity? Guess which ones copped the ticket or warnings, and which ones were lippy and playing the "I know my rights card".

It's hardly rocket science and it doesn't take numerous incorrect or ill advised legal interpretations to work out!

Redrum · 23-12-2005, 02:46 PM

Best advice when intercepted, pass the attitude test. Won't always work as like every organisation there are good and bad, but is better to start off polite etc than start off with the "Is this going to take long I am in a hurry", "Haven't you got something better to do like catch real crooks" etc etc

If you believe you are wrongly accussed take notes straight away. Detail in as much details observations and discussion. Also in court if you are well presented, obviously not a criminal and there is no evidence such as EBT machine, photo etc and say you didn't do it, and they say you did, most times you will get off as matter not proven beyond reasonable doubt. :Up_to_som

T_Terror · 23-12-2005, 06:02 PM

Thanks for posting that mate.

Its true that starting off polite is always the best option, but sooner or later (esp with a performance car) you will come across the bad eggs and that is where this will come in use.

troppo · 23-12-2005, 06:37 PM

Quote:

OK so Devils Advocate here,

I get pulled over for speeding, before the ticket is issued I ask for a Lawyer, copper Laughs and gives me a ticket, I fight it in court, and tell them exactly what happened....does that make the ticket Inadmissible in court as improper police procedure has been executed, which in turn means the ticket is NULL and VOID....BINGO NO MORE SPEEDING FINES EVER.....

Well, I'm no lawyer but my guess is the copper would laugh at you because you have no need of a lawyer until after the ticket has been written. Until that happens, you haven't actually been charged with anything. The thing with on-the-spot fines is that discretion is up to the individual copper in each case. If he/she decides not to give you a ticket, you can consider yourself cautioned. If they decide to proceed with the ticket, you can consider yourself charged, tried and fined. Hence, no need for lawyers until the ticket has been written. Oh and if you disagree with the copper's judgment when he/she gives you a ticket, don't argue with them.....get a lawyer and take it to court.

buickman · 23-12-2005, 06:42 PM

One of my best mates has been a police officer for well over 25 years. Including a stint as a Tog in the western districts of Vic. I've spoken about certain rules over the years and in the end if you are served with a defect notice,speeding, drink driving. carrying a loaded gun for hunting or any other offence its your problem to then find legal advice or get the car roadworthy. The goverment pays thier costs if you decide to take it to the courts and most times you lose and are futher out of pocket.

I've been driving for 33 years including the U.S, Canada & New Zealand & the times that I have run into driving related expenses was because I was in the wrong. So as Red_EL_XR8 mentioned don't be a idiot in the 1st place & don't gather with types that are idiots on the public roads for dangereous driving acts

XA-Coupe · 23-12-2005, 06:59 PM

Everyone shokld know their rights but everyone shuld know their responsibilities too. Don't whine if you get caught doing the wrong thng .. it's the way it goes. If you do get a raw deal ... and that doesn't mean a copper was rude to you or refused to believe your BS excuse or refuses to pander to you, then by all means complain.
I laugh everytime I see someone wanting to contest a ticket when they admit they were doing wrong.. it's a sign of the Age of Diminished Responsibility.
The only exception is those BS greed camera tickets for doing things like 64 in a 60 zone. I am all for fair enforcement but every one of those tickets needs to be contested.

Bobman · 23-12-2005, 10:31 PM

120 on a highway zoned 100 with no traffic or houses in the vicinity late at night does not constitute a fine imho.

Most police will pull you over by what you look like or what type of car you drive, ie if your a gorgeous girl your bound to receive a comment or two whilst intercepted.

Thanks for all the info & links GTS-300. It's always good to read up on law & be up to date to defend yourself in any situation.

RED_EL_XR8 · 24-12-2005, 01:52 AM

Quote:

Originally Posted by T_Terror

Thanks for posting that mate.

Its true that starting off polite is always the best option, but sooner or later (esp with a performance car) you will come across the bad eggs and that is where this will come in use.

Funny I've always noticed traffic police whether reasonable or over zealous, to be more interested in low performance driving than in high performance cars. Chances are its road manners rather than RWKw that are attracting the attention.

And I'll back Xa-Coupe all the way on the camera thing, if an act is dangerous then the onus is on authorities to curb it immediately. An unseen camera flash on a Friday evening will do nothing to curb the excess's of the weekend's driving if the ticket doesn't arrive till 14 days after the event.

I'd love to see every speed camera cut down and to have it replaced with at least one manned highway patrol car.
Don't take out contempt for greed cameras on those few actually allowed to police our roads! A few links towards highway lobbying of state government would be far more useful than any "get out of a ticket strategy".

OLDFORDNUT · 24-12-2005, 09:42 AM

i think you have wasted your time mate
all these rules have a very tough angle now
its called anti terrorist laws.they supercede everything else and can be used very unfairly with the wrong cop/s,so be very polite when you are pulled over in future, as for hassling high performance cars
its funny i have had a fairlane in the early eighties that had a bug catcher sticking out the bonnet by about 6 inches and 3inch pipes with big 10 wide wheels on back and got pulled over regulary ,7 out of 10 times, it was so the cop could check out under the bonnet and ask me questions about car Not to hassle me.
the other 3 times were 2 because i just got caught doing something wrong and the last 1 would be by a nasty pig so thats great odds and i found most were like me just loved cars and hated idiots.this was when living in Victoria.now im in QLD and nothing has changed
i used to have an XT Ute with 351 toploader 9inch and big wheels lowered (not stupidly)with you guessed it twin carbs and Mr Gasket bug catcher,same thing happened cops would pull me over to check out under the bonnet nearly every time very few would hassle me and even when they did the cop with them would usually talk him out of it and off id go,its not what you have its how you use it.

HRT8 · 24-12-2005, 12:18 PM

Quote:

Originally Posted by RED_EL_XR8

Don't be and act like a toss-pot in public and on public roads!

Don't be the idiot whose stupidity and idiotic acts shine above the stupidity of others in a sea of idiots!

Don't associate and congregate with idiots in the pursuance of idiotic behavior!

Consider the value of fitting that "book me" accessory or those illegal mods, (particularly those mods that serve no value for performance or handling and serve no purpose other than to impress the wearers of ill fitting trousers.)

If pulled over, consider before blurting out terms like "Harassment" and a plethora of swine and farmyard related insults, what harassment actually entails!

Before playing bush lawyer consider for at least a moment, that for you law is a part time pursuit and you are taking on a professional that does this stuff for a living (as well as pulling fools that knew better out of trashed vehicles and delivering news to their relatives) , so odds on the guy in the uniform knows more angles than you have ever dreamed of, and knows all the "get out of gaol" free clauses.

I've held a drivers license longer than many reader here have been on the planet, and in nearly 30 years can only recall one booking that I'd consider was unfair amongst numerous bookings.

Powers to search vehicles etc will fall under many acts and provisions from many areas of law, to follow or rely on interpretations of one set of laws is foolhardy indeed.

You do have to exit a vehicle when requested, failing to do so after a police officer has adequately identified them-self is defying a reasonable request from a police officer and entitles you to be apprehended.

Ever wondered why some people are driving away in minutes and others are detained on the roadside for an eternity? Guess which ones copped the ticket or warnings, and which ones were lippy and playing the "I know my rights card".

It's hardly rocket science and it doesn't take numerous incorrect or ill advised legal interpretations to work out!

Never, was a truer word spoken. This reply alone should be made a sticky!

Gents all I can say is to be extremely carefull with information and innuendo posted on computer forums. It can, and is interpreted in many ways. Most commonly the wrong ways.