RBT

[Foo]

Is it usual or leagle for a police officer to search under your bonit during a random breath test?

(driver blew ZERO, car is immaculate, driver has no criminal record, was not speeding ect either)

[sethomopod]

No it is not usual, nor is it acceptable unless they have probable cause..Which can be a simple as the driver having bloodshot eyes.. It is legal for the swine, if they dont have probable cause, and if the driver consents to a search...

Probably a Bully Boy looking for brownie points... Under the bonnet though...Is the car very powerful?? Maybe the swine was checking for street legal status.. If they were looking for contraband, I assume they would have check the interior as well...

Remember your rights!!!

[Sonny Jim]

Hi

Did the police tell the driver why they were searching the car?

I ask because I think it is legal if the police suspect the driver of being involved in a crime.

[Foo]

The car has a 1.5L engine or something to that effect. Everything is factory, driver was a straight as anything ...

The cop that actualy gave the RBT was curtious and did nothing other then his job. The asshole did not state why he was searching the car at any stage. I wasnt the driver but i did grab the cars call sign, i think i might make a complaint at the very least as to assholes attitude and manner (considering this was a nothing out of the ordinary RBT).

[Foo]

I will also add that unless another couple down the road driving a Hyundi of the same color robbed a bank, there was nothing even close to a reason to suspect a crime had been committed.

[Magicdirt]

The car has a 1.5L engine or something to that effect. Everything is factory, driver was a straight as anything ...

The cop that actualy gave the RBT was curtious and did nothing other then his job. The asshole did not state why he was searching the car at any stage. I wasnt the driver but i did grab the cars call sign, i think i might make a complaint at the very least as to assholes attitude and manner (considering this was a nothing out of the ordinary RBT).

 

Do you think making a complaint would achieve much ?

It would be your word against his and cops are the best liars.

If he's local he could take offence and make things difficult for you, I know it's unlikely but it is possible.

It must be a hell of a burden to carry - the need fuck people over.

I see it as borderline sociopathic behaviour, I often wonder if they don't screen them well enough or if they create personalities like that.

To someone like that it's a war and the public is the enemy.

[ferret]

I'd think that the cops would somehow have the power to inspect under your bonnet to check identification numbers etc.. even if they needed probably cause/reasonable suspicion , if he asked you to pop your bonnet, and you obliged, that could be taken as consent?

[Foo]

I'd think that the cops would somehow have the power to inspect under your bonnet to check identification numbers etc.. even if they needed probably cause/reasonable suspicion , if he asked you to pop your bonnet, and you obliged, that could be taken as consent?

 

I dont think you can have informed consent without an explanation.

I know first (i wont say how) hand what happens to complaints against police, not woried in the slightest about the cop taking revenge. Complaints are sent directly to the district office and answered in person by a Snr Sgt (the Supers lacy) and all corispondance is filled with the police officers name.

I know he wont get shat on from 1 report of bad manners ect. But it think it is the right thing to, to make sure it is stated in writing that this person is less fit to serve then many other police officers i have come across. Hopefuly my report along with the other he probly has recieved will hold him back from a promotion.

Its a broken system, but avoiding the system altogether is not how fix it.

[santiago]

i think he was just a well trained police man, sometimes habit defines human activity rather than thought. he was probably trained not to judge a book by its cover in initial police training and simply has just made it habit.

if he was a mechanic there is probably no reason to look at the oil & water levels of a new car, probably everyday habit just means he will anyway.

probably just looking for an obvious yellow sticker kinda violation. im no car expert but im sure it wouldnt be the first normal looking car with some supercharger/turbo illegal engine he has ever stopped. or maybe he is just trying to find his first one.

no biggy man just a well trained man.

[Foo]

I see a problem with a police officer "looking" for a yellow sticker violation. There are some stupid things they can give them for (practicly anything).

His maner is a seperate issue.

[lickapop]

checking vin numbers?, probably an exact same car had been stolen in the area.

exactly as ferret said If he asked for the bonnet to be popped and the driver did, thats consent.

Did he wish a merry xmas and to have a good night?

Dont forget we need the coppers. Its just another job like a checkout chick/dude....both can be rude pricks at times

Just my opinion is all

Edited December 24, 2010 by lickapop

[ferret]

"informed" consent has nothing to do with it- if a cop asks you if he can come inside and you open the door wide and step aside for him and he sees your crack factory, you are still fucked!

what exacly is the issue then? his "manner" or that he was "doing his job" (just in case you have just arrived on this planet, that is basically to find something to fine you for or score himself a conviction).

it sounds to me like you encountered a typical cop, cop says "could you pop the bonnet so i can have a quick look under", the driver complies because, well holy shit its a cop and he got a gun and a leather jacket and maybe even a 3 ft long maglite, then by the time you guys remembered that you actually might have a couple of rights left, its all over and its much easier to get pissed off at the Authority than at Yourself for allowing your rights to get shat all over by the big bad cop.

[Foo]

checking vin numbers?, probably an exact same car had been stolen in the area.

exactly as ferret said If he asked for the bonnet to be popped and the driver did, thats consent.

Did he wish a merry xmas and to have a good night?

Dont forget we need the coppers. Its just another job like a checkout chick/dude....both can be rude pricks at times

Just my opinion is all

 

Im not anti police in the slightest. I dont think ive put that acros at all. I didnt like this cop, but im not the kind to generalise.

"informed" consent has nothing to do with it- if a cop asks you if he can come inside and you open the door wide and step aside for him and he sees your crack factory, you are still fucked!

what exacly is the issue then? his "manner" or that he was "doing his job" (just in case you have just arrived on this planet, that is basically to find something to fine you for or score himself a conviction).

it sounds to me like you encountered a typical cop, cop says "could you pop the bonnet so i can have a quick look under", the driver complies because, well holy shit its a cop and he got a gun and a leather jacket and maybe even a 3 ft long maglite, then by the time you guys remembered that you actually might have a couple of rights left, its all over and its much easier to get pissed off at the Authority than at Yourself for allowing your rights to get shat all over by the big bad cop.

 

I was a bi-stander to this event. The driver made there own choices.

Im really angry at all, as for "finding a crack factory ... the cop found nothing as there was nothing.

Implied consent is far more importent then you might think. Anyway im not sure why your hating on me, all i wanted was a chat on the subject.

Happy holidays

Edited December 24, 2010 by eatfoo

[lickapop]

and chatting we are:)

While on the subject of rights...

I know of two instances in the last 6months where one has blown over on the side of the road at an RBT, they have then been taken back to the station to blow into the "bigger more expensive machine" and blown less but still over and been booked. They were never given the option of a blood test.

I remember someone telling me once that if you are over on the side of the road and you blow less at the station.. demand a blood test because chances are this will buy you a couple of hours while they find somebody to take blood and most of the time if you are in the .050-.080 range they will let you walk.

Is this still an option one can take? One of those instances got booked at .054 ffs

I ask this out of interest and not outa necessity because one thing I fucking cant stand is a drink driver

Edited December 24, 2010 by lickapop

[bℓσωηG]

fark man i had to pull my pants down in eucla , on the highway , but i just reckon that copper was a poofter lol

[ferret]

I was a bi-stander to this event. The driver made there own choices.

Im really angry at all, as for "finding a crack factory ... the cop found nothing as there was nothing.

Implied consent is far more importent then you might think. Anyway im not sure why your hating on me, all i wanted was a chat on the subject.

Happy holidays

 

Jebus man. I was kind of trying to understand what exactly the problem was. Why don't you call the cops and ask them what the go was? They're usually easier to talk to when they haven't just found a crack factory under the bonnett of your hyundai.

[Foo]

and chatting we are:)

While on the subject of rights...

I know of two instances in the last 6months where one has blown over on the side of the road at an RBT, they have then been taken back to the station to blow into the "bigger more expensive machine" and blown less but still over and been booked. They were never given the option of a blood test.

I remember someone telling me once that if you are over on the side of the road and you blow less at the station.. demand a blood test because chances are this will buy you a couple of hours while they find somebody to take blood and most of the time if you are in the .050-.080 range they will let you walk.

Is this still an option one can take? One of those instances got booked at .054 ffs

I ask this out of interest and not outa necessity because one thing I fucking cant stand is a drink driver

 

In Western Australia, it is standard practice to recieve the "bigger blow machine" as the final test. Normaly 1 blow into the hand held then one blow into the bigger machine, either on the bus or at the station. Never heard of someone to recieve a blood test, but i havent seen the legislation regarding this.

I will add that i have worked in some capacity with a law enforcement agency.

[Foo]

closer to my orig question though...

Would a look under the bonnet constitute a "search". Its inside of your car and it is locked.

[ThunderIdeal]

just my opinion but not really. if you have put any of your personal goods under the hood, you are probably doing something stupid. it is expected that your personal things will not be under there and if they are that may and probably should constitute a breaking of road rules. "checking the spare tyre" is a different story and when a cop does that i think they are 90% looking for something other than a roadworthy issue.

[Distracted]

Perfectly legal search unfortunately.

They have the right to do a 'road worthiness check' on any vehicle on the road.

You can prevent them from doing so by refusing to surrender your keys or refusing to pop the bonnet for them, but if you've already given them your keys they can go for their life.

Police pulled up next to me while I was in a car once... long story short they wouldn't let me leave because they said they were 'conducting an investigation' as to why I was sitting in the car... I stupidly surrendered my keys so they lifted the bonnet, I asked how looking under my bonnet was aiding them into their investigation as to why I was here but they replied they were doing a 'road worthiness check' and that they were allowed to.

If any anytime an officer starts doing something that makes you feel uncomfortable, ask them to stop, if they say they don't have to state that you don't consent or give them permission to do so but don't physically resist.

so yeah

[gerbil]

Sounds like a search to me, and sounds like your friend consented to it by popping the bonnet no questions asked, yes sir how high would you like the bonnet sir. Possibly a better option would have been asking what this is all about, am i under arrest sir or am i free to go, thankyou have a good christmas.

May not be of much use, a good start?, but here is WA legal aid

http://www2.legalaid.wa.gov.au/InfoAboutLaw/aspx/default.aspx?Page=Police.xml

though # 3 under search me or my property, my interpretation is with the vehicle you don't have to give consent

"Police can search you, your vehicle or any place with your permission or with the authority of a warrant.

If you do not give permission for a search the police can still carry out some searches without a warrant. For example the police can:"

#3 "stop and search a vehicle including any vehicle that you control or manage"

Edited December 24, 2010 by gerbil

[dworx]

fark man i had to pull my pants down in eucla , on the highway , but i just reckon that copper was a poofter lol

 

Please expand on this - it's not far off a sexual assault?

[kindness]

I've been asked to pop my bonnet b4 by a cop. He reckoned the plates of the car i was driving registered it as a white car when in fact it was blue.... I was asked to pop the bonnet so he could check the vin plates etc so I did. I got out and had a look with the dude, he was happy with what he saw on the plates and off I went. No biggy... he'd just tailed me and typed the number plates into his comp and noticed a discrepancy.

Cops type number plates into their lil' computers all the time, just as they sit there speed trapping they are also checking plates.. they do it while they are behind you on the road too. Maybe there was some problem there

[s4L]

In NSW they have automatic number plate recognition cameras mounted on patrol cars that automates that process now. The arm of the law just grew a bit longer.

ANPR

[Slybacon]

Cops look under bonnets all the time in newcastle.... Even for something as simple as a pod filter

I once had a car that was impossible to pop the bonnet on without knowing the trick. I had an arse hole looking to defect me. He asked me to pop the bonnet and I told him... "you pop the bonnet" I was quickly given a red sticker for not being able to pop my bonnet... BS

Edited January 11, 2011 by Slybacon