Our rights as motorists, can they make us show then whats under the hood?

[Gamatron]

Hey, I just read a very relevant and interesting discussion involving a number people about ‘our rights as motorists’ but it was dated 2003 and laws and our rights may have changed, plus the link SK gave didn’t help. :confused:

I just want to clear up some rumours about our rights and hopefully save the cops from booking you. Not like our cars are deflectable anyway!

If a cop asks the all so common request to ‘pop your bonnet son’ can we say not unless you have a search warrant? :lock:

Are bonnet pins illegal, having a fibreglass bonnet I have nothing to pop?

This should start the ball rolling for a interesting debate :matrix:

Luke

[Guest Mashrock]

well from what i know they cant look anywhere in your car, except under seats and like down at your feet etc.

glove box etc etc they need a warrant i beleive. so would this mean the engine bay also???

i dont know.

[readyGO]

ahh.. i thought they could do whatever they damn well want.. ?

[krzysiu]

if they have a reason for looking their you have to open it. If they dont give you a reason then you dont have to. Most people just do what they say if they got nothing to hide and not to cause more hastles.

[Waldo]

who cares you shouldnt have anything to hide in the car.. just dont let them see your monster turbo!! if you tell a copa that they cant look in your car its gunna be pretty sus and they will probably get a warrant anyways.

[slow_r31]

if your laws are similar to vic, then they have every right to do so

check your road act or similar, for an item saying "a police officer may inspect any vehicle at any time to ensure its compliance with roadworthiness". there will be something there, basically they need to lift the bonnet to check if the car is roadworthy. If the car isnt registered and there is no possibility of it being used on a public highway, THEN they don't have the right, but till then.

[Gamatron]

im not talking bout cops checking in your glovbox for crack or under your seat for a sawd off shotty. like checking under the bonnet for bov, catch cans, pod, not water n all that crap...

[Binky1970]

I've heard stories from mates of cops taking off door trims, boot trims, pretty much anything that can be fairly easily removed on the side of the road. Not findinf anything, leaving the driver there with their car in pieces. I'm sure if you hesitated in letting them look under the bonnet they could just have you car towed to the nearest RTA inspection station and basically ask you to pull down you pants and bend over

[nghiagero]

I've heard stories from mates of cops taking off door trims, boot trims, pretty much anything that can be fairly easily removed on the side of the road. Not findinf anything, leaving the driver there with their car in pieces. I'm sure if you hesitated in letting them look under the bonnet they could just have you car towed to the nearest RTA inspection station and basically ask you to pull down you pants and bend over

lolz. that wud hurt in many ways haha

[predator]

Motorists don't have any rights anymore.. I thought we all knew that?? :confused:

[lwells]

The first problem you're going to run in to is that every state is likely to have different laws, so I suggest you are more explicit in referring to which state.

On a more general note, I think its a less than bright idea to say "no" unless you have very good reasons. They may or may not have the legal right to ask, but I can assure you saying no is just going to create more headaches for you. I always true to be polite and helpful when dealing with the police to show I am not just some go-fast turbo hoon. So far I've had no problems.

LW.

[Mordecai]

Well,

I was down in bunbury a few weeks ago and saw a copper had pulled over a P plate commodore, all the passengers (3 young guys) were standing to one side of the car and the cop had pulled the mats and boot lining out which were acctually on the ground next to the car... I thought this was a bit rough, seemed pretty obvious to me he was looking for sumthing in-particular...

[lwells]

He was obviously searching for drugs or a concealed weapon which, in NSW at least, they have the legal authority to do.

LW.

[Amaru]

I ran through this with a lawyer friend regarding ACT not so long ago. The police (here at least) have no power to search your car unless they have reasonable cause to believe you or the vehicle have been involved with an indictable offence. All you have to do is say "I do not consent to a search of my property" and they cant do jack about it (unless youve just gone and robbed a servo, and the guy at the servo has given a pretty accurate description that matches your car etc). They can do you for anything exterior wise and that they can visually see through windows/windscreen, but if you refuse a search of your car then its on their way time for the nice officers.

Please also note, having a radar detector/jammer -is- an indictable offence in all states except for W.A, so they can tear your car apart if they have reasonable cause to believe you have one.

Once again, this is just ACT, im pretty sure NSW wasnt too dissimilar either.

[hungry6]

Well, to clarify a few things up, a general traffic duty police officer DOES NOT (federal law"statutory act") have the right to open bonnet/boot or anything that is out of view, as long as you donot give them the right to do so. Generally they'll run the line " do you mind if we look in the boot/bonnet, or could you open the boot/bonnet" which sort of implying on their behalf , that you have to open up what ever it is that they are requesting.

But remember failing to consent them to look in what ever they are asking for, then they would radio in to get "consent from a higher authority that has the power to enable them to normally a CS." once they have given the ok then be ready to get defect in a BIG way. To get around this is that you can enable your civil right to refuse search by automatic declare the scenario of "under arrest" by appointing or request to have a solicitor represent when this is happening(and you must be able to contact a solictor/barrister) in reasonable time to voice your objection. Then this is the time they would require to obtain a warrant from a local magistrate, then it become a paper work minefield which most junior officers will walk away from.

One thing to remember if you haven't got anything to hide then it's genally easier to comply with the request and be on your way.

The only thing which I could see that could be change if the acting officer have got it in for you then with the current "terrorism" law he can enable the act and obtain an permit from the federal police and creates havoc. But this is getting very extreme and I don't believe any traffic- general officers would have to balls to tread.

[[WLDCRD]]

cant they just make you open it on the grounds of saftey...like for a canary and stuff? i dont think they really need a reason to check your car to see if its safe on the roads. i remember a few years back, a friend told me that you used to be able to refuse to open your bonnet in Vic, but then you will just cop a letter from the EPA to takme it down to inspect. Catch 22.

[Bekkyboop]

Well here is my 2 cents... My flat mate is a ex copper - so here is his comments on the first few questions..

"Yes you have to pop your bonnet - they dont need a search warrrant if they have suspision"

"Yes, bonnet pins are illegal"

Well this could be a very interesting debate - ill get responces for any questions you might have for my friend... Cause its very interesting to hear from the other side. He is a nice copper, and his knowledge has come in handy for me lately

[Steve]

SA road traffic act gives the right for any inspector, or copper to demand a vehicle be made available for inspection at any time or any place. I checked this one, they can demand you allow them to inpsect the car in your garage if they wanted to.

game over.

Bottom line guys, if you are being reasonable, they will be reasonable (mostly), if you are being a dick, they will fark you. If you fark up, wear it on the chin like a man instead of trying to hide, it will only be worse for you in the long run.

All these back room lawyers who spread little rumours about your rights - its so funny. I am not having a go at anyone here.

Unless you are absolutely certain you have done nothing wrong, and your car is 100% legal (engineers report, permits etc for mods, tyres ok) then you are best off laying yourself at the mercy of the cops, being humble and showing manners - you never know, the cop might see someone who doesnt look like a gobby smart arse know all and go easy on you,

after all would you feel ok about throwing the book at someone who seems like a decent sort of guy?

or would you go easy on a clown who thinks he knows everything and just makes your job harder?

[Amaru]

Ok, to throw a spanner in the works for NSW people...

RTA have the power to search your vehicle, as seen at http://www.austlii.edu.au/cgi-bin/disp.pl/...and+%28on%29%29

Police do not have the power to search your vehicle unless they suspect on reasonable grounds tha you have either committed an indictable offence, or they believe you pose a risk to public safety. The rules for police officers can be seen at http://www.austlii.edu.au/cgi-bin/disp.pl/...and+%28on%29%29

So you legally can turn around and say no to a police officer, but they will probably just get RTA to swing past and search instead, of make you take your car for a reinspection.

QLD People: http://www.austlii.edu.au/au/legis/qld/con...000365/s54.html and http://www.austlii.edu.au/cgi-bin/disp.pl/...and+%28on%29%29

[someonestolecc]

Ok, to throw a spanner in the works for NSW people...

RTA have the power to search your vehicle, as seen at http://www.austlii.edu.au/cgi-bin/disp.pl/...and+%28on%29%29

Police do not have the power to search your vehicle unless they suspect on reasonable grounds tha you have either committed an indictable offence, or they believe you pose a risk to public safety. The rules for police officers can be seen at http://www.austlii.edu.au/cgi-bin/disp.pl/...and+%28on%29%29

So you legally can turn around and say no to a police officer, but they will probably just get RTA to swing past and search instead, of make you take your car for a reinspection.

QLD People: http://www.austlii.edu.au/cgi-bin/disp.pl/...and+%28on%29%29

Thank you Amaru - factual post