how to handle police

[Hagakure]

http://hammeroftruth.com/2006/08/06/busted-now-on-youtube/

its american but some stuff is going to apply here.

anyone know of any differences to what was shown?

[Green Chemist]

In Queensland, police have the right to search without a warrent for offences under the weapons Act, Also in Queenland you must produce ID to the police when requested.

[apothecary]

This is the link you want:

http://www.criminallawsurvivalkit.com.au/Crime.html

[gem]

Have you got a QLD equivalent apothecary? Cheers

Edited August 8, 2006 by Gem

[devance]

Police are professional witnesses that will be challenged by a defense attorney.

Police are prepared for violence so communication that they life isn't in danger is a plus,

Anything else a attorney present.

As a Mel Gebson case.

Alcohol and adrenoline is like a old stlyle shock treatment.

[AndyAmine.]

Edit....

Edited August 9, 2006 by AndyAmine.

[SaBReT00tH]

i watched the video am wondering if SA laws differ to AU laws and US laws. Firstly I believe it IS illegal to not provide your name and ID to cops if they ask for it. Secondly in the second example of that YouTube video it is not realistic because any cop who smells marijuana in a house WOULD enter it (as they have reasonable suspicion to do so, which is one of the clauses) and thus she would've been busted anyway. Next of all the first example. What happened to the sniffer dogs?? Was it because the cop didn't have reasonable suspicion to search for drugs that he could not detain them and thus get the sniffer dogs out? Does this US example apply to raves such as the Adelaide Unseelie festival held last weekend where cops were apparently searching cars for drugs on the way to the festival? Would they leave people alone if they said 'I do not consent to a search' or is this SA law different?

I'm also curious in one of my own personal experiences as to whether this was legal or not. I was walking down a street at about 2AM one day with a black hoodie on and beanie and backpack and I saw a cop car. They make me nervous so I crossed the street only to realise the green pedestrian light was actually next to a green traffic light and it was the traffic light which was indeed green not the pedestrian light. Cops pulled over and said you were walking through a red light, where are you go, what're u doing, did you know this area has a high car theft rate, who's house are you going to, where's he live, what's in your bag, do you mind if we take a look. WOULD I be able to say 'I don't consent to that' as there was no evidence to suspect me of any car thieving just through walking through a red light? I'm thinking so but am wondering if the same US amendments are applied in Australian law. Can anyone help me on these things?

Also, if you're driving and get pulled over for a mobile phone are they allowed to automatically breathtest you, even if you were driving correctly and they have no reason to suspect incompetent driving?

Edited August 9, 2006 by SaBReT00tH

[MrBumpy]

At the very least, they could give you a ticket for jay-walking. I don't know whether or not that gives them cause to be able to search you.

I've been pulled over a few times for no reason (apart from that I drive a bomby old gemini through a very affluent suburb) and had an officer check my license and take my details, while the other officer walked around inspecting the car and checking in the windows. Apparently they are allowed just to do spot license checks.

One time I was on my way home and was pulled over about 200m from my house, The officer looked a bit embarressed when he read my address and realised that they had pulled me over in my own street.

I asked him why they had stopped me and his reply was," oh, just for a license check".

-bumpy

[occidentalis]

Apparently they are allowed just to do spot license checks.

Yeah this is common

particularly if one drives an 'interesting' car, or happens to look interesting themselves... dreadlocks don't help much, neither does dark skin.

[cisumevil]

Yes the "hair" thing is true, My locks have had me questioned many a time

Also here's a true story, I had 2 Boy's in Blue in my garage for one reason or another

Now in my 4 car garage I had a very large wardrobe with very BRIGHT yellow light beaming thru the cracks......

Officer "Tim" asks me "Whats in the Wardrobe Mate!"

I replied "Cacti I breed Cacti"

(Tim) I love Cacti can I take a look mate?

(me) I would perfer if you dont as they are pollinating atm and they are realy fussy with Enviromental conditions and I would hate to have wasted the last 5 months of time I have put into them! Your welcome to have a look at my other cacti outside if you wish?

(Tim) I might just do that then, Mate.

I take Tim outside and show him my plants & he really seems to like cacti. Says he has a large one like that (points to San Pedro) at his parents house.

Police leave & I never hear from them again! (many years ago now & @ new location)

But the very next day Sally & Mary Jane got a new house & some of my cacti got a lovely winter room to grow in

I was VERY LUCKY :D

Edited August 11, 2006 by cisumevil

[occidentalis]

 

Nice one.

[chief23]

Also, if you're driving and get pulled over for a mobile phone are they allowed to automatically breathtest you, even if you were driving correctly and they have no reason to suspect incompetent driving?

Im 99.9% certain that if you are driving a car, or even sitting in one with the keys you can be breath tested at anytime. This one I thought everyone knew.

[apothecary]

Have you got a QLD equivalent apothecary? Cheers

Sorry, no Gem, I have no idea if the link is state specific or what, and if it is, I have no idea which state it came from.

But I imagine a large amount of it holds true nationally.

[Salviador]

Cisumevil. HATS OFFF wow, what a cool cat you are ROFLMAO

I think a good thing to remember when dealing with police is that they are human beings who wear a blue shirt that instils fear. If you can look past the blue shirt then that changes the way you act around them, and hence the way they act around you.

Things that help me are to imagine what theyre gonna do at the end of a shift. Maybe pick up the kids from school, have a beer with their mates at a pub.

I find it also helps me, if i imagine what a good upstanding citizen i am, and how they will see that shining through no matter what i look like. This is easier if you have first seen past the blue uniform phenomenon.

Police and citizens, play games. The whole "yes officer can i help" with "license and registration" as a reply, is allowing police to get into their comfort zone of how theyve learnt to interact with people whilst theyre on the job. All it takes is one person to politely refuse to play the game, and already these people are either on the back foot, or reacting to the situation anew rather than drawing on their experience and thus their power play.

[devance]

Salviador,, Yeah you got it very right.

Cops know all about manipulation.

Someone trying to do so to them.

But they do try to agitate the situation themselves to vibrate the tree and see what type of paranoia falls out.

So a careful outlook is always good.

[faustus]

great story cisumevil i have a similar story i'm dying to share, but i suspect that it'd come back to haunt me one way or another.

does someone know the actual definition of resisting arrest? from what i've heard, they need to physically touch you before it's an arrest, but on the other hand if they pull you over and you bolt off, can that been deemed resisting as well? in either case, i don't imagine many of us could outrun the cops

[Leo^]

I think you are under arrest as soon as "your freedom is taken from you" which can be interpreted differently in different situations. You can arrest someone without laying a finger on them, just by telling them they must do as you say, ie: you must come to our office/station for a chat etc.

[apothecary]

I'm pretty sure the legal definition is "detained".

You have the right to ask if you are being detained, and you have the right to ask them to write in their notebook that you object to being detained.

If they say they are detaining you, you can ask on what grounds, etc etc. If they touch you in any way or a sniffer dog touches you, that counts as being detained.

If they say they aren't detaining you then I'm pretty sure you can simply walk off.

The more you play it like you know the law down to the letter, the less likely they will be to try and pull bullshit on you. But on the flipside, if you play it too hard then they might get pissed off and come down on you anyway, cops are sometimes quite happy to make up a story like you shoved them or swore at them or something and haul your ass in (especially if there are no witnesses around).

Edited August 12, 2006 by apothecary

[Leo^]

Yes! Remeber that point Apo just made. Just because you are going by the law doesnt mean they will. Knowing your rights doesnt garentee that they wont just belt you over the head with a nightstick and claim you came at them in a drug induced frenzy.

Also witnesses are important. Going down a back road at 2am isnt a good idea. You may think you have less chance of getting pulled over but theres probably more chance and more chance that they will do somthing illegal to you since no one is around. Stick to well lit populated areas if you can, esspecially on a bike. I know of several ppl who have been run off the road whilst riding at night by cops and no witnesses around.

Edited August 13, 2006 by Leo^

[mesq]

Being detained, by anyone is when you feel at any moment, whether physical force is present or not, that your freedom of movement has been restrained or impeded...

This can be implied, ie:

Two secutiry guards corner you off and prevent you from moving away. This is an arrest or unlawful detainment, depending on the circumstance... A security guard in a store must have a full chain of events to justify making an "arrest". That is, he must be able to prove that from the time he saw you "steal" to the time he apprehended you that there are no gaps in his ability to watch or follow...

I think...

[N1no]

In Queensland, police have the right to search without a warrent for offences under the weapons Act, Also in Queenland you must produce ID to the police when requested.

Isn't that against the constitution? What a bizar law that is

Edited August 16, 2006 by N1no

[-YT-]

"Isn't that against the constitution? What a bizar law that is"

I do believe that we in Oz dont actually have a constitution and the associated rights that come with it. Is this true? i do remember Torsten making a mention of it somewhere in another thread.

[mark80]

"Isn't that against the constitution? What a bizar law that is"

I do believe that we in Oz dont actually have a constitution and the associated rights that come with it. Is this true? i do remember Torsten making a mention of it somewhere in another thread.

Yeah, we don't have a bill of rights nor a constituation.

[occidentalis]

Yeah, we don't have a bill of rights nor a constituation.

Australia DOES have a constitution. The constitution is the document that outlines the separation of powers between the states and the government, among other things.

You're right about no bill of rights though.

BTW there are people who are questioning the validity of our constitution and some who have apparently challenged it successfully - something to do with it being an act of British parliament and Australians not being british citizens. But for pragmatic purposes I'd just assume we still have a constitution for a while ;).

Edited August 17, 2006 by creach

[Fenris]

A good friend of mine got hastled by the police one night and he questioned the reason the police wanted his name as he was not doing anything wrong. He is a bit of a smart mouth and one thing led to another and while he was being arrested for obstruction of justice he uttered the phrase "Suck on my Chocolate Salty Balls" which only inflamed the situation.

The thing was apart from being a smart ass he really hadn't done anything wrong. It was going to court and the charges were dropped just before it went to trial. The thing is, regardless if you are in the right or wrong a lawyer will cost you thousands of dollars to get to the point where the police will drop the charges

It is a waste of everyones time and they don't have much chance of winning but you will cop quite a few $k for pissing off the police.

Having said that he now has a pretty funny story to add to the list.