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  #1  
Old 07-04-2008, 05:00 PM
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Default Pedestrian rights.

Just curious as to what powers the police have over citizens in general.

Is the only thing you legally have to tell an officer is your name?
Can they search you on the side of the road?
Can they search your car?
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Old 07-04-2008, 05:06 PM
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You must supply your correct name if a on duty officer asks and any other information requested. They are only allowed to search you if they have a reasonable doubt.

How much gear did ya have on ya bro? Hahaha
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  #3  
Old 07-04-2008, 05:18 PM
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Quote:
Originally Posted by JA50N
They are only allowed to search you if they have a reasonable doubt.
Probable Cause.
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Old 07-04-2008, 05:33 PM
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Well i dont work everyday of the week, and when im having a day off, i ride my bike around...
I've been interrogated on the side of the road, where have you been?, where are you going? type crap. Had my pockets and wallet searched and the serial number of my bike taken down.
Pisses me off being treated like a criminal. I just wanted to know if im allowed to tell them to eat a dick and leave me alone.
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Old 07-04-2008, 06:14 PM
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I believe a name & address is all you have to give, you don't have to answer any other questions. I've been stopped riding at night with a friend these cops searched us (i.e. told to empty pockets & padded down), checked our ID, accused us of breaking into cars then tried take pictures of us but lucky their camera was flat. We cooperated nicely but from the treatment & comments towards us was uncalled for. What also pisses me off is about 3 months later on the same street in front of my friends house my brothers car (which I drove) gets vandalized.
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  #6  
Old 07-04-2008, 11:44 PM
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Quote:
Originally Posted by Hurtenstein
Just curious as to what powers the police have over citizens in general.

1. Is the only thing you legally have to tell an officer is your name?
2. Can they search you on the side of the road?
3. Can they search your car?
1. No. Address as well (or "place of abode" under RTA)
2. Not without reasonable belief or suspicion that you have on your person anything stolen or unlawfully obtained, or a prohibited drug, or a weapon etc; or you are under arrest for any matter.
3. No, unless they have a warrant. Refer to 2. However they can test vehicle for roadworthiness, including driving it without owner's consent if it has been used on a road.
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  #7  
Old 08-04-2008, 08:15 AM
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Has anyone refused the police from searching them/their car?

Curious to know how that would end up.
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Old 08-04-2008, 09:08 AM
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I guess you could say that you will not say anything till you have spoken to your lawyer. I'm sure they will take that.
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Old 08-04-2008, 09:14 AM
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had them pull me over once and ask me

"is there anything in your boot that shouldnt be there"

i was like ahhh yes, my tafe books.......


i sat in the car as they totally went through my boot looking for drugs, through all mybooks around.

then came back and said, 'you may go now"
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  #10  
Old 08-04-2008, 09:16 AM
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So does anyone know the actual law in Australia for searching people? I find most people only know the American law (from watching TV).

It is probably about time we know our rights and use them.
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