• 🇳🇿 🇲🇲 🇯🇵 🇨🇳 🇦🇺 🇦🇶 🇮🇳
    Australian & Asian
    Drug Discussion

    Welcome Guest!
    Posting Rules Bluelight Rules
  • AADD Moderators: swilow | Vagabond696

How to - Deal with LE.

Also from Queensland Police Powers and Responsibilities Act 2000, Reprinted as in force on 1 July 2009

Production of driver licence

(1) This section applies if a police officer—

(a) finds a person committing an offence against the Road Use Management Act; or
(b) reasonably suspects a person has committed an offence against the Road Use Management Act; or
(c) is making inquiries or investigations for establishing whether or not a person has committed an offence against the Road Use Management Act; or
(d) reasonably suspects a person who was present at the scene of a relevant vehicle incident may be able to give information or evidence about the incident; or
(e) reasonably considers it is necessary for enforcing the Road Use Management Act in relation to a heavy vehicle.

(2) The police officer may require the person to produce the person’s driver licence for inspection.
Editor’s note—
See section 791 (Offence to contravene direction or requirement of police officer).

(3) A person who holds an open driver licence issued under the Road Use Management Act but is unable to comply with the requirement immediately may comply with the requirement by producing the licence to the officer in charge of a nominated police establishment or police station within 48 hours after the requirement is made.

(4) The place nominated under subsection (3) must be reasonable in the circumstances.

(5) Subsection (3) does not apply to a person in control of a heavy vehicle.
Click to expand...

and related section:

791 Offence to contravene direction or requirement of police officer

(1) This section applies if a person is given a requirement or direction under this Act and no other penalty is expressly provided for a contravention of the requirement or direction.

(2) A person must not contravene a requirement or direction given by a police officer, including a requirement or direction contained in a notice given by a police officer, under this Act, unless the person has a reasonable excuse.

Maximum penalty—

(a) for contravening a requirement or direction relating to a relevant law for which the penalty for a contravention of a similar requirement or direction made by a public official under the relevant law is more than 40 penalty units—the maximum penalty under the relevant law for the offence;
(b) otherwise—40 penalty units.

(3) However, for a contravention of a requirement made by a police officer under section 17 or 18, the person may be prosecuted for a contravention of the relevant authorising law or subsection (2), but not both.

(4) Unless otherwise expressly provided, it is a reasonable excuse for a person not to comply with a requirement or direction to give information if giving the information would tend to incriminate the person.

(5) It is not a reasonable excuse for a person not to comply with a requirement or direction given by a police officer under chapter 17 that complying with the requirement or direction would tend to incriminate the person.
Click to expand...

Kind of vague though, make of that what you will and I hope it was helpful? :)

Sorry about the poor formattting, i copied it from a pdf.
 
I have a question re recording a police officer - basically are you able to either record video or audio of an interaction between you and an officer?

What got me thinking this was at the many places I've work which required me to call customers I have always been required to advise the customer that the call was being recorded. To which they have the right to either end the call, request I stop the recording or go ahead with being recorded.

Do these rights also apply to a police officer? Am I able to, if I feel the situation requires it, take out my phone and start recording what is going on - whether that recording is audio only or video also.
 
I'm pretty sure it's your constitutional rights to record any convo with any L.E.

But I think you still have to say to them that the conversation is being recorded.
 
in most places (but not all; check with someone local if you are serious about doing this) you do not have to inform a police officer or anyone that you are recording if they are in a place where there is no reasonable expectation of privacy. so if a cop stops you out on the street, you may record away without their consent. if a cop comes into your home, it would probably be a different story. doorstep? probably a gray area.
 
^ Why would a cop have a reasonable expectation of privacy (i.e. not being recorded) in my home? For all he knows I am a YouTube star and constantly record everything I do every day.
 
^ I agree! The only people that have a reasonable expectation of privacy in your home are you and invited guests, of which I am not counting the police. I don't think police have "a reasonable expectation of privacy" anywhere at all when they are on duty. They chose to be officers of the law and while they are on the time they are sworn to uphold the law they are subject to scrutiny to make sure they don't fuck around imho.
 
Anybody know what the go is with breath testing on the street?

My Story;
Had been drinking at a launch party from 3pm-8pm, didnt overdo it or anything... after that was just out at a club had only one drink while there.

Now skip forward to around 12-1am...

The place im at has several pair of police in the area surrounding the venue (in the streets, and i also asked several who were stopped in their cars on the side of the road)

I approached several groups and pairs of police officers, some in their car and some not, and requested a breath test, as i firmly believed i was under the limit (my limit be 0.00 as a p-plater, had i had my full licence i wouldnt have hesitated to drive, as i know i was sober) but i was obviously worried about not being 0.00. Every single one of them denied my request saying they cant do it, even though i was being polite and explained the situation in full. i even saw the tester in a few of their belts, and on the passenger seat of one of their cars.

I failed to understand why they wouldnt/couldnt do this for me, as i was clearly just trying to do the right thing and wasnt a drunken idiot trying to see how drunk they were. Some of them were just being downright rude about it too which really surprised me.

Any opinions?
 
^They may have to account for breath tests they conduct? Or they just didn't feel like being helpful, it does happen.

Also, regarding search laws, I believe Victoria has given police the power to search anyone (in the CBD at least) they deem to be suspicious in regards to knife crime. This may however have only been a suggestion which I've thought was in force.
 
Silver_GT said:
Anybody know what the go is with breath testing on the street?

My Story;
Had been drinking at a launch party from 3pm-8pm, didnt overdo it or anything... after that was just out at a club had only one drink while there.

Now skip forward to around 12-1am...

The place im at has several pair of police in the area surrounding the venue (in the streets, and i also asked several who were stopped in their cars on the side of the road)

I approached several groups and pairs of police officers, some in their car and some not, and requested a breath test, as i firmly believed i was under the limit (my limit be 0.00 as a p-plater, had i had my full licence i wouldnt have hesitated to drive, as i know i was sober) but i was obviously worried about not being 0.00. Every single one of them denied my request saying they cant do it, even though i was being polite and explained the situation in full. i even saw the tester in a few of their belts, and on the passenger seat of one of their cars.

I failed to understand why they wouldnt/couldnt do this for me, as i was clearly just trying to do the right thing and wasnt a drunken idiot trying to see how drunk they were. Some of them were just being downright rude about it too which really surprised me.

Any opinions?
Click to expand...

Police refuse to provide on site breath testing as it's only an indicative test and is not an accurate representation of intoxication. The legalities surrounding provision of this test and an individual subsequently being caught DUI can result in a legal minefield for the officers involved. Basically, it's an arse covering exercise for the police!!!!
 
Mr Blonde said:
^ Why would a cop have a reasonable expectation of privacy (i.e. not being recorded) in my home? For all he knows I am a YouTube star and constantly record everything I do every day.
Click to expand...

you answered your own question.
 
^ I'm sure you could argue against it... say you were picking up needles for your brother/sister/long-lost-auntie who is home with a broken leg? It'd be pretty damned low for police to search you coming out of a needle exchange :( If in doubt do not consent to a search and let it be argued in court later.
 
Gyuen said:
If for example you were in possession whilst picking up needles and you did get searched, is evidence obtained unlawfully(if walking out of a needle exchange isn't considered reasonable suspicion) invalid in court?
Click to expand...

If your in posession your in posession plain and simple.
A needle exchange is enough to warrant 'reasonable suspicion' as it's role is to habituate drug use illegal or legal.

I doubt a court would see that as an 'unlawful' search. Best to not be in posession when doing something that could potentially flag you for a search.
 
^ Ha ha, here in Brisbane the needle exchange is just down the road from the Roma Street Police Headquarters. :D
 
^ Ha ha!

Just leave it at home, or worst comes to worst hidden VERY securely in car or somewhere nearby? Get a friend to hold it? I don't know, I've just never been in a situation where I've HAD to carry into a needle exchange.
 
^ yeh I'm sure you could get creative... I mean the transit centre is just across the road, you could always hire a locker there for an hour and dump your stash in there right? Or keep your goods somewhere better hidden on your person. It might be worth reading up on what constitutes a reasonable search vs a reasonable strip search ? ;) Also remember if you consent to a search then it's legal.

"On what grounds officer?" should be the first words out of your mouth if put in that situation.

Remember that particular exchange is also a sexual health clinic so I can't see why being in the vicinity is reasonable grounds for a search? Maybe I'm too open-minded though and a magistrate would see differently?
 
Yeh but there arn't many circumstances in which police will search you illegally. The 'reasonable suspicion' rule is pretty all-encompasing. However if you got searched at work or something then it would be a different story - IMO a needle exchange is just asking for a search.
 
Cops would either take it/them or do nothing. Not like in the US where they'd test the resin, here they wouldn't bother. Fat chance getting them back though.
 
^ welcome to Bluelight haho!

I don't think fortehlulz is an active member anymore which is a shame as he was a great contributor to the forum.
 
You must log in or register to reply here.
Top