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  • AADD Moderators: swilow | Vagabond696

Are police officers allowed to open shut or locked compartments?

antho

Bluelighter
Joined
Jun 19, 2006
Messages
93
Im from WA and im wondering what are my rights... like if i get pulled over and they ask to search my car, they can only open unlocked compartments? or can they open anything in the car if they suspect criminal activities?

and also has any bluelighters been in trouble with the law from any pics or threads posted on this site?

sorry for asking so many questions but i couldent find it when i searched.
 
In Vic - police can search you car without a warrant if they believe evidence will be destroyed otherwise (ie - whenever they want).

This can go as far as they feel like on the day - I've certainly heard tales of door panels being pulled off, carpet pulled up etc.

Most other states in Aust have similar laws.

If a police officer asked you to open a locked compartment and you didn't, it's probably sufficient grounds for them to bust it open
 
No they cant, I askled the question about that when getting defected! the officer said the only reason they are allowed inside the vehicle is to test the breaks and steering column, they are NOT allowed to open any compartments as this is a violation of privacy and illegal without a warrant!

Id like to think it wouldnt happen!
 
I don't know the legality's but I know they do search cars and open things if they suspect somethings worth opening.
 
Under the auspices of "reasonable suspicion" there is a lot police officers can do.

23. Powers of police officers when things suspected of being
used in commission of offences

(1) Subject to this section, if there are reasonable grounds to suspect
that any thing whatsoever —

(a) with respect to which an offence has been, or is
suspected to have been, or may be committed;
(b) which has been, or is suspected to have been, or may be
used for the purpose of committing an offence; or
(c) which may provide evidence in respect of an offence,

is in the possession of a person, a police officer may, using such
force as is reasonably necessary and with such assistance as he
considers necessary, stop and detain the person and search him
together with any baggage, package, vehicle or other thing of
any kind whatsoever found in his possession, and for that
purpose may stop and detain any vehicle.

p26

29. Hindering police officers and approved persons in exercise
of powers conferred by or under this Part
A person who wilfully —

(a) delays or obstructs a police officer or approved person
acting in the exercise of the powers conferred on him by
or under this Part or a person assisting a police officer or
approved person so acting; or

(b) does not produce to, or conceals or attempts to conceal
from, a police officer or approved person acting in the
exercise of the powers conferred on him by or under this
Part or a person assisting a police officer or approved
person so acting any books, papers, documents or stocks
referred to in section 22 or any thing referred to in
section 23(1)(a), (b) or (c),

commits a simple offence.

p29. WA Misuse of Drugs Act 1981.
 
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