Some q's about coppers in australia.

A

Astaroth

Bluelighter
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Feb 5, 2003
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Can anyone give me a true/false to the following myths (all in australia - specifically NSW):

1) A police officer cannot issue an infringement notice while they are not wearing their hat.
2) An officer must be able to give you a 'reasonable suspicion' when they wish to search your person or your bag, if they dont, you can refuse.
3) If the police come to your house and you willingly let them come in the door, they are entitled to search the entire house without a warrant.

Thanks guys!

Astaroth :D
 
1.T (fucking stupid)
2. true i think. unless you are a minor then they cant without permission from a gardian or lawyer present.
3. false. you may invite them in but they still dont have the right to search your house. you must give them seperate permission for that to happen.
 
^^^^^ sorry dont know about NSW. but in victoria a friend who is a cop told me this
DfI
 
dfi - thanks. Just a few comments on that.

1) I believe this to be true, as you've said. I think that if they're not wearing their hat they aren't in full uniform, and to issue enforcement notices they must be in full uniform. I agree, fucking stupid.

2) That's also what I thought. I'd like to see if anyone can confirm this for certain, though.

3) I hope you are correct. How certain are you that your answer is right? I ask simply because I was told this by a friend who used to share a house with a D. We were watching the bill one night and two cops were invited into a house - one stayed and asked questions, the other went snooping. He says to me "when cops come round, dont let them in. If they're looking for something, one will stay with you, and the other one will search the house. Once you've let them through the door, they can go wherever they please, so keep them on your doorstep." This guy was a bit of a bullshitter though, so I am happy to take your word for it. Did you confirm this with your police friend or was it just off the top of your head?

If the latter, I'd appreciate if someone can confirm this definitely.

Thanks!!

Astaroth.
 
it may be the case in other countries that police can search your house if you invite them inside, but its not so in australia.
i was talking to my police friend the other day about this sort of thing so im 99% sure its true. he doesn't know i use drugs so i didn't talk to him about drug searches. but i assume its the same.
anyway.

If the police turn up to your door and ask to come in you may invite them in.
this however, does not mean you are letting them search the premises. if they want to search the property they must be given your permission to which you should ALWAYS reply no. after this they will e required to obtain a search warrant which will be extremely hard to obtain from an Australian court if they have no grounds for suspicion.
anyway, by the time they have obtained a warrant (if they bother) you should have removed all illegalities from your house, and there will be no problems.
also. as it has been said, police cannot detain you without evidence of drug trafficing. etc.... and cannot search your house without either 1.) your permission, be careful what you say to them.. or 2.) a legitimate warrant. (which i think doesn't take into effect untill you have read it, and understand it. you may ask for a lawyer to explain it for you. delaying a search further)

if a police officer is snooping around your house without permission or a warrant you can straight out tell them to "get the fuck out".

hope this answers your question.:)
 
I am 100% sure of these. in NSW
.
1. police are allowed to issue an infringement notice without their hat, (the NSW police service hanbook outlines this is not full uniform and is frowned upon but will not guarentee the person will get off at court) Ths is more for liability for police having accidents under work cover. The commander may not have to pay compensation to the officer if they have an accident while in part uniform.)

2.
 
I am 100% sure of these. in NSW
.
1. police are allowed to issue an infringement notice without their hat, (the NSW police service hanbook outlines this is not full uniform and is frowned upon but will not guarentee the person will get off at court) Ths is more for liability for police having accidents under work cover. The commander may not have to pay compensation to the officer if they have an accident while in part uniform.)

2. Police do have to tell you their reason for the search, The NSW Crimes Act NSW 40/1900, has all the information on police powers off arrest. Look at section 352 onward. This legislation is changing in NSW in the near future where all police powers will be listed under a totally seperate act.

3. Ths isn't true. If you let them in you are giving permission. you can withdraw this permission at any time unless someone else that lives there asks them to stay. Also police have other powers to stay and search such as domestic violence matters. If a resident stated thyere is something illegal they don't need a warrant. If it is apparrent a domestic has occured, the police can search for firearms and also search the house for any children who are at risk, these poers are also outlined in the Crimes Act of NSW, might want to browse through it. There are too many section numbers for me to quote here. I'd be here all day.

Hope this helps, and again this is all correct.
 
nemisis - I've looked up the crimes act on austlii, thanks heaps for those references.

Much appreciated guys.

Astaroth.
 
Astaroth said:
Can anyone give me a true/false to the following myths (all in australia - specifically NSW):

1) A police officer cannot issue an infringement notice while they are not wearing their hat.
Click to expand...

Um, false.

No court's going to through something out because the guy wasn't wearing his hat. If that was the case after the 1st instance they'd change the laws.
 
its not false... it is a policy of the police force
but saying in court that he didnt have his hat on is not going to hold up....
it is true but its not taken notice of.
DfI:)
 
Not so sure about some answers here..

I don't fully agree with all the answers given here.

Question 1) A police officer cannot issue an infringement notice while they are not wearing their hat.

Use your common sense - do you think this really happens or is an urban myth? To get an infringement notice set aside realise that you would have to go to court. This costs your own time, possibly your own money for legal representation (although most lawyers wouldn't touch you for the ridiculing they would get) and the police's time. Should you even be allowed in the court to allege that "the officer wasn't wearing his hat so therefore it can't stand up" will result in the judge telling you that you are a moron and will most likely see some of the police officer's etcs costs ordered against you.

Question 2) An officer must be able to give you a 'reasonable suspicion' when they wish to search your person or your bag, if they dont, you can refuse.

An officer doesn't have to give you personally a reasonable suspicion, they only need to have a reasonable suspicion that you are committing an offence, have committed an offence, or are hiding the commission of an offence. They don't have to tell you anything, you can ask and they will most likely tell you why, although they can just search you and not answer your questions.

Question 3) If the police come to your house and you willingly let them come in the door, they are entitled to search the entire house without a warrant.

False. If they come to the door and say, "there's been some break-ins in the area can we ask you about them", then once inside proceed to open drawers and search the house, that is an illegal search. But as said above if inside the house and they see a bong, needle kit or bleeding person, etc, they will (and can) search your house, without a warrant.

The answers to questions like these can probably be found on the legal aid website in your relevant state. Law is not as full of "loopholes" that give you instant get out of jail free cards, usually loopholes in law are highly technical and unique concepts which have slipped the judges and the legislature. However these loopholes are often closed as soon as they are exploited for the first time. The law still has an element of common sense applied most of the time.
 
Geezuz chimbo, you still here! Gotsa call you re importance but lost ye nummer.... Gimme a call, err, no mobile. hit it with big rock...
JT
 
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