Police Powers And Your Rights

[justin911]

nup you can record ANYONE and you dont have to let them know... its only illegal if you use it to make a profit...

not sure about video tho...

I believe it’s illegal for a driver to record (voice or video) without informing police officer.

[Fraser]

PS: I live on the Northern Beaches of Sydney where there is bound to be a RBT station every second night on your way home

Yeah mate I completely know where your coming from. I have noticed when I get pull over on the way home from work, in a suit, it's worse. I'm always polite "Yes sir, No sir, How high you want me to jump sir" and most of the time they are ok. It’s the local power tripping ones in my area who give me the most grief and in most cases watch as my car is searched.

Satanic you live not that far from me. How much you get pulled over? I get a friendly greeting on average once a fortnight. 3/5 times it’s within 5km of home.

[morgsj50]

i got breatho'd in my drive way once....

[Fraser]

i got breatho'd in my drive way once....

Yeah I have had that happen to me as well. I have also had my car searched outside of my house several times when I'm pulling into to my driveway, and even when I have been moving cars around to let my dad get his car out.

Most of the time I will get followed home. When I turn off a main road right near my house I just indicate and pull over if they are still following me. Havnt’t had one yet drive past. They all stop and RBT and want to know what I’m doing etc.

Its funny when you get RBT'd in your driveway. I drove up my driveway (cops followed me for about 1/2km to my house) did a 3 point turn on my lawn to reverse into my garage, got out, opened my garage door, turn around and police are standing next to my running car. "Is this your car sir and do you live here" Like diiirrrr. "Nar mate I open people’s garages for the hell of it and park their cars for them". Best I have had yet

[some_cs_student]

My idea still stands for the creation of a national register of police complaints. That would weed out the bad ones pretty easily, and allow us to have a unified voice.

Strength in numbers

That sounds like a great idea, and implementation could be straightforward except for a few complications.

Are there any legal complications?

In particular the privacy laws prevent certain information from being displayed on a website, would it be required to hide the badge numbers?

Could the officers names be shown on a website?

Would the system need to only show the details of the number of complaints against X officer to particular individuals who are administering the system?

Furthermore, who would host the system? Anyone hosting the system *may* be seen a stirring trouble with the police.

How would things be controlled? Who decides who can enter a complaint about an officer? Would the compliants be moderated? Who would moderate them?

Thats a few of the questions that come to mind when suggesting a national register (yes I think it is a good idea ).

Regards,

Gareth

[morgsj50]

Yeah I have had that happen to me as well. I have also had my car searched outside of my house several times when I'm pulling into to my driveway, and even when I have been moving cars around to let my dad get his car out.

Most of the time I will get followed home. When I turn off a main road right near my house I just indicate and pull over if they are still following me. Havnt’t had one yet drive past. They all stop and RBT and want to know what I’m doing etc.

Its funny when you get RBT'd in your driveway. I drove up my driveway (cops followed me for about 1/2km to my house) did a 3 point turn on my lawn to reverse into my garage, got out, opened my garage door, turn around and police are standing next to my running car. "Is this your car sir and do you live here" Like diiirrrr. "Nar mate I open people’s garages for the hell of it and park their cars for them". Best I have had yet

same, the thing is if i had been drinkin i would've just kept walkin straight inside the house.....

[satanic]

Fraser: I get RBTed on average 3-4 times a month... most of the time it's hassle free but sometimes it ends up being a 20minute ordeal.

Worst one was being followed by a cop all the way home from the City. Absolute bullshit if you ask me~

And another time going to the airport with my dad, highway patrol on my ass all the way with his bloody hi-beams on!!! I mean, what have I done wrong but drive at the speed limit in the middle of the day - "hoons" do have normal lives too!!!

[Tangles]

Dont get too ahead of yourselves fellas (not meaning to be rude in any way shape or form)... Police have powers, and have the power to use them at their discretion.

On the otherhand if you are constantly being harrassed make notes of times places etc etc and rightfully make complaints.

But, you should always remember this awesome line from the movie Judge Dredd, muttered by Sty Stallone who played a futuristic Sherriff / Cop-Judge (Ive got it on a hardcore track; goes off!)

"I NEVER BROKE THE LAW ---- I AM THE LAW"

Edited March 21, 2006 by Tangles

[satanic]

LOVE IT

[jasin66]

Hey people! What do you know or heard about new laws whereby the cops can nick you for not paying attention to the road ahead (no! not undue care and attention) I have heard 1 point and $50 for putting on a cd.....another was lighting a cigerette? (smokes and lighter was in his chest pocket, eyes never left the road) What does this mean if you adjust mirrors on the run, talk on a U.H.F, glance at your Sat Nav, reach for a/c controls, the list goes on. If i was to look myself what website should i be looking at. Am in QLD.

[ctjet]

^^^^ yea i heard that shit too. how fcuked is that!! if the cops catch you looking in your car for something and not at the road for even a second your nicked mate!

think they'll be tageting jap cars much?? wat about all those people driving around schools and piss farting around with their A/C instead of looking at the road?... cops wont touch that hey?

[ignuz]

My stories good, bad, funny, how ever you interpret them. ( Not a claim to fame, or showing off)

There are very few good cops.. by very few.. I'm talking 1%

A few mates and I were just sitting on the side of a street corner.. on BONDI ROAD, on a Saturday night, the Police must have received a complaint for noise or something earlier ( not from us ) anyway, paddy wagon rocks up two women cops hop out.. flash lights.. slowly walk over.. grab my two nearest mates.. except one I don't like him and just arrest them, not saying why but just arrest them. A few of us do legal studies and were just laughing at them, yelling out the proper procedure etc. Anyway, that was definately one of the more messed up cop run ins I've exerpienced.

2. Pulled into a service station, cop car was there, was thinking bugger it I'll drive away, but, not to be intimidated I parked next to him. Did what ever I had to do, they went to leave, I went to leave they boxed me in lol, I re-parked, they decided to check my car over, everything was stock except for the exhaust, no idea how they missed that? Cop started telling me how it's just not worth it to modify your car. I said, actually it is. Then there was this awkward silence for about 10 seconds. Somehow I got out of that without anything lol.

3. Ages ago, maybe year 9 lots and lots of us girls, guys were drinking up at a park, cops came down, everyone scattered. The cops were doing like a sting or something (these gatherings at the park were going on for a while) police car after police car was rocking up and driving around the area.. Anyway.. my mates and I were walking up a street after making an exit, parked cars next to us, paddy wagon cruising beside us. His door opened and he rushed out haha, we all bolted off down the street blind, I just remember running, four or five mates with me, I looked behind me, and the cop was reaching out to get me, I stepped him semi like changed direction to fast and he went after the pack when I ran away.. haha there is no way they are going to get me, unless they can run 11.2 for 100m or even 23 secs for 200m. He chased my mates, one tripped, two went back for him, mate who tripped got up and kept running cop got the two who came back for him. Cop has the two about to put them in the Paddy Wagon, both of them look at one another thinking one, two, three and then they were off.. No little kiddies for that cop that night.

4. The period of the Cronulla riots.. Pretty self explanatory, couldn't check the surf without being pulled over 16 times from Maroubra to Bondi.

Can't think of anymore at the moment.

In regards to Police and our rights. It is generally true that the judge, magistrate etc will take favour over their story much the same as a head master taking the favour of a teacher rather than the student. Even though this goes against the rule of law. There is little we can do. Whether we like it or not, the police see us as the students, and they are the teachers. That's just the general problem, with people and the use of power. When people specifically go after power (becoming involved in the police force), they are more than likely going to use it to their own discretion that suits them best. In my opinion the power they have is too great, thus they see themselves as above the law, and why wouldn't they? They can tell us to move on, even if we aren't causing trouble. They can defect us for what ever the hell they want, it's up to us to either complain or do something about it.

I'm 17 years old and haven't had a single positive encounter, conversation or any interaction of the sort with a police officer. Meaning, all I have experienced is negativity from them. If this is how police want to portray themselves to the younger generation that's fine. They are only making the problem worse. You're the teachers, we're the students. We'll talk, muck around and annoy you regardless of what you say. It's up to you to give us respect in order for us to give you respect. Likewise even if we respect you in the first place, that is quickly lost after a negative encounter.

[justin911]

1) bit odd... they just get arrested............... what happened to them in the end.... ???

2) the cop ended up having a chat to you and you didnt get a fine. Sounds pretty positive to me

3) police must of been having a bad day, cant understand why u had a negative experience whilst drinking underage in the park

4) they had reason to target younger ppls...

[gazza750]

nup you can record ANYONE and you dont have to let them know... its only illegal if you use it to make a profit...

not sure about video tho...

in western australia you can not record audio or video without permision that goes for any conversation whether it be police or someone you are talking to on a telephone they must be informed the the conversation is being recorded if they refuse to have it recorded you have the right to remain silent and they must give good grounds forit not to be recorded

[gdogzgtr]

It's funny to see how everyone here is complaining about police powers in australia. As a country we would have almost the least police powers in the world.

I like how underage drinking in parks which generally ends up in cars and property damage not a concern to some.

Police are looked on negatively due to type of forum. The most powers police have are in relation to traffic matters, fines, NOU and EPA.

It's not police fault if cars are modded to point where you can be put off road. They are doing their job and I'm sure no matter how police a police member was if he puts your car off the road-NOU/EPA you will be complaining. It's generally people that have been in trouble that have issues with police. FYI it's the exact power of arrest for someone who steals a mars bar as someone who murders someone. Very few police powers.

[Mr Eps]

i was given a yellow sticker this evening, nothing too major

however the series of events is a funny one, i was driving to WORK in my coles uniform, 2:15pm tuesday, and i get pulled over by a booze bus (full bus, 20 cops, parking cones the whole deal) AT 2:15PM ON A TUESDAY IN THE BURBS!!!! WTF!!!!

they crawled all over my car n found nothing wrong with it, n let me go... HALF AN HOUR LATE TO WORK i asked them for a letter of excuse for being late to work they said they could give me nothing cos i had done nothing wrong,

THEN i was driving to the snoop dogg concert later in the evening (which was lame anyway, don't go!) and there was a police bike cop on the side of the road pulling cars over, he gave me a yellow sticker cos he reckons my tint is too dark, and my suspension has "no positive rebound", also my pod filter requires some sort of bracing to be legal,

THAT MADE ME HALF AN HOUR LATE FOR SNOOP DOGG

THEN i got pulled over on the way out of the concert to get some DINNER for a license check and rbt, THEN TWO MORE TIMES I WAS PULLED OVER FOR LICENSE CHECK AND RBT ON THE WAY HOME!!!!!!

im feeling like topping myself from ahving to see so many cops in one night... i have NEVER had respect for cops cos they never helped me when i've been getting chased by kinfe carrying thugs, and they step on me when ever im down,

f**k DA POLIIIIIZZZZE.

[MIVEC]

I've never had a problem with the police.....ever. Only ever been RBT'd twice.

*touch wood*

A whole bunch of SAU guys were out at the local meet point one night when a police van and cruiser arrived. The cruiser left almost straight away and the 3 cops in the van got out and had a chat/joke to us all while they had a smoke.

[GRiM_05]

i just remembered an oral i did in legal studies in year 11, on police brutality..

police ARE allowed to use "important bit, direct quote" REASONABLE NESCESSARY FORCE..

they key issue with this, is the cop decides what he decides is reasonable / nescassary at the time..

all im really saying is even if you know they are wrong, dont do anything that may cause unrest, as they have the authority to give you a reasonable nescessary beatdown...

( QLD, police powers act )

[GTR-N1]

Here's me wondering more about

a) Police Responsibilities Vs Police Powers > less animosity against cops perhaps?

And...

b) Motorist Responsibilities Vs Motorist Rights > less road rage perhaps?

Sorry for another resurrected thread (-hmmm getting a reputation for this yikes)... but the thinking cap is stuck 'ON'

Q. Responsibility greater than Rights? Or Rights greater than Responsibility?

A. And J.F.Kennedy said..."Ask not what your nation can do for you...- Ask what you can do for your nation"

[PM-R33]

Since this thread is from 2005 and a lot has changed nowadays i think we should have a sticky with the most latest "police powers" somewhere for each state. Maily to do with when police pull you over. If you are doing something illegal and get caught thats your own problem, but if you are doing nothing wrong and are targetted due to the vehicle you drive, you should know all your rights.

There is a lot of information that most of us don't know and police know that we don't know this information and therefore bend the rules a lot.

I for one don't know most of the rights police have when they pull you over and usually just do exactly what the polics officer asks, even letting them search my vehicle. I'm sure if we knew a lot more to it, it would make future situations easier.

Just a thought.

Edited January 4, 2010 by PM-R33