anfalicious
Bluelighter
- Joined
- Feb 18, 2001
- Messages
- 1,421
I'm posting this cos I'm looking into what my rights are in regards to the police. I've done some searching and most of the info is anectodtal or heresay. To my best knowledge this is all correct, however, feedback is welcome.
This is victoria specific, so for other states I'd check for yourself to be 100% sure.
BEING SEARCHED:
Searching the person
There are three types of searches:
Pat down search - police use their hands to feel over the outside of your clothes. The police may also ask you to empty your pockets or remove outer clothing such as jackets or hats. Pat-down searches can be done in public or private places.
Strip search - removal and search of all clothing. These searches must occur in a private place, usually at a police station.
Internal body search - medical examination. Only doctors can carry out internal body searches. The doctor must be the same sex as the person being searched. The police can request an internal body search. You have the right to refuse this. If you refuse, the police must then get permission from the court to go ahead with the search.
In all cases, women must be searched by women police officers, and men by male police officers.
Searching in a public place
Police have the right to search you at any time in a public place if they believe you may be carrying: illegal drugs, stolen goods or firearms.
The search can be done in any public place including a shop, at the train station, on public transport, in a hospital or welfare centre. The police can only search you at school if the principal agrees.
If the police search you, they can also search anything you are carrying, and the car you are travelling in.
Searching cars
The police can search your car at any time, even if you are not in it, if they believe you are carrying:
illegal drugs,
stolen goods,
firearms,
offensive weapons including knives, imitation guns, martial arts weapons such as knuckle-dusters and nunchakus.
The police must tell you the reason for their search.
Searching private property
Police usually need a search warrant to enter and search private property, such as your home. However, the police may enter private property without a search warrant:
if you agree to the police coming in,
if the police have a reasonable belief that a serious offence is, or has been, committed and entry is necessary to make an arrest,
to stop a breach of the peace, for example, fights,
if there has been a breach of an intervention order,
if the police are chasing someone who has escaped from prison or police custody,
if the police have a warrant to arrest someone,
if the police have a reasonable belief that there are illegal drugs on the premises.
Searching while in police custody
The police can search you if you are in custody or under arrest:
if they believe you are carrying a weapon, or
to take things from you that could be used as evidence for the offence they have arrested you for.
The police can also search you if they have a warrant that says they can.
POSSESSION:
Use
Includes smoking, inhaling fumes, injecting or swallowing a drug. A person can be charged with "use" if they admit to using. You can also be charged with introducing a drug into the body of another person if you admit to injecting someone else with a drug.
Possession
Means having a drug on you or in a house or property that you occupy. This includes cannabis plants growing anywhere on the premises. You might also be charged with possession if drugs are found in a car you own or you are driving. An important element of proving a charge of possession is your knowledge that the drug was present - you should get advice from a lawyer before being interviewed by police.
Trafficking
Usually means selling a drug, but it can also include exchanging, agreeing to sell, or offering drugs for sale. You can be charged with trafficking if you sell or offer to sell a person a harmless substance that they believe is a drug. You can be charged with trafficking if you admit to the police that you have done one of these things. You can also be charged with trafficking if you possess a "traffickable quantity" of drugs. This is an amount that is stated in the law and is different for various types of drugs. For example the "traffickable quantity" of heroin is three (3) grams of powder. Even selling to a friend could be trafficking. Trafficking is a serious offence and the penalties if a person is convicted can be very harsh.
BEING TAKEN INTO CUSTODY:
The police can only arrest you if they suspect you have broken a law. If the police take you into custody, you should always ask the police officer, "Am I under arrest?" and "What am I under arrest for?".
When the police place you under arrest, they will usually take you to the police station. The police might hand-cuff you to take you back to the station.
Do I have to go with the police?
You only have to go with the police if you are under arrest. Sometimes the police might ask you to come to the police station without arresting you. If you are not under arrest you can choose if you want to go with the police or not.
In some situations you must go with the police when you are not under arrest. For example, if the police take you for a breathalyser test or if they believe you need protection
How long can the police hold me?
If you are arrested and taken into custody by the police, they can only keep you for a "reasonable time".
Reasonable time depends on many things - it can be for a few hours or more, depending on the seriousness of the offence. It also depends on how long it takes to interview you.
Note: If you are picked up for being drunk in a public place, you may also be held at the police station for up to four hours to sober up.
QUESTIONING:
When dealing with the police it is important to try to be calm and polite. Don't resist or be abusive or violent. Be firm about your rights.
Under 17: If you are under 17 the police must arrange for an independent person (see information below) to be present during any formal questioning. You have the right to try to contact them and a lawyer.
You don't have to answer any questions. You can say "no comment", but if you have a simple excuse, it may be a good idea to explain. Be careful. Get legal advice if you can.
Speaking to your family, lawyer or an independent person
If the police have arrested you (or otherwise taken you into custody), they must allow you to do the following before any formal questioning begins:
attempt to telephone a friend or relative (in private if you are under 17), and
telephone a lawyer in private.
The only times the police don't have to allow this is if they believe that during this time:
someone else might get away,
some evidence may be lost or tampered with,
danger may be caused to other people, or
if it is a drink driving matter.
If you are waiting to speak to your family, lawyer or independent person, you should refuse to answer any questions in the meantime.
Name and address
You must give your correct name and address if the police believe:
you have broken the law,
you are about to break the law, or
you are able to assist them with information about an indictable (serious) offence.
If you then refuse to give your name and address, or give a false name and address, this is an offence.
You must give your name and address on public transport if asked by police or an authorised person from the Public Transport Corporation.
You must also give your name and address to police if you are asked when driving a car or motorbike or are on licensed premises.
Remember:
anything you say to the police at any time may be used against you,
you are entitled to a copy of the tape of your interview with police,
you don't have to sign anything unless you agree with it,
there is no such thing as an, "off the record" statement.
Independent person
BLOOD/URINE TESTING:
17 years and older
You do not have to give the police a blood or body sample, or agree to an intimate physical examination. You should refuse to have a forensic procedure unless you have had legal advice. If you refuse, the police would have to convince a court that there are good reasons why they need the sample. If the police have court approval and you still refuse, they may use reasonable force to assist in the forensic procedure.
DRUGS AND THE LAW:
Under State law there are five main drug offences - these relate to use, possession, cultivation, trafficking and conspiracy to possess, cultivate and traffic.
The use, possession and cultivation of a small quantity of cannabis (less than 50 grams) usually attracts a penalty of a good behaviour bond for a first offence.
The penalty for the possession of any drugs not related to trafficking is $3000, or one year imprisonment, or both.
In Victoria, the penalty for trafficking a commercial quantity of a drug of dependence is a maximum of 25 years imprisonment and up to a $250,000 fine.
CONCLUSION:
You can be searched anywhere, anytime. You are allowed to ask why you are being searched and have the officer note that you do not consent to the search (although this will probably just create problems). Ask polite questions "why am I being searched?" "Am I under suspicion of something" etc. If you're a female you must be searched by a female officer and vice versa for males. If the search is invasive it must be performed by a doctor.
I'm a bit disappointed with my efforts to find out about drug possession/trafficking laws. If you sell, or attempt to sell, or have intent to sell you are trafficking. You could also be done for trafficking if you have a large amount of drugs on you. Unfortunately I cannot find out anywhere at what ammount possession becomes trafficking.
To be honest with you, this is severly lacking in information, but it was the best I could do with two hours of searching the net. I would appreciate it immensley if people could post any additions to this (please make sure they are researched and provide links if possible, I don't want a whole lot of "I heard/My mate heard") especially on the issue of when possession becomes trafficking.
Regards,
Anth.
SOURCES: http://www.legalaid.vic.gov.au http://www.parliament.nsw.gov.au/prod/web/PHWebContent.nsf/PHPages/LinksDrugSummitDrugPolicyHeroinTrials?OpenDocument#australia http://druginfo.nsw.gov.au/ http://druginfo.nsw.gov.au/druginfo/class_indexes/Illicit_Drugs.html http://www.adf.org.au/index.htm http://www.aph.gov.au/library/pubs/bp/1996-97/97bp12.htm
------------------
Everyone knows cool hit it's peak in 1974.
This is victoria specific, so for other states I'd check for yourself to be 100% sure.
BEING SEARCHED:
Searching the person
There are three types of searches:
Pat down search - police use their hands to feel over the outside of your clothes. The police may also ask you to empty your pockets or remove outer clothing such as jackets or hats. Pat-down searches can be done in public or private places.
Strip search - removal and search of all clothing. These searches must occur in a private place, usually at a police station.
Internal body search - medical examination. Only doctors can carry out internal body searches. The doctor must be the same sex as the person being searched. The police can request an internal body search. You have the right to refuse this. If you refuse, the police must then get permission from the court to go ahead with the search.
In all cases, women must be searched by women police officers, and men by male police officers.
Searching in a public place
Police have the right to search you at any time in a public place if they believe you may be carrying: illegal drugs, stolen goods or firearms.
The search can be done in any public place including a shop, at the train station, on public transport, in a hospital or welfare centre. The police can only search you at school if the principal agrees.
If the police search you, they can also search anything you are carrying, and the car you are travelling in.
Searching cars
The police can search your car at any time, even if you are not in it, if they believe you are carrying:
illegal drugs,
stolen goods,
firearms,
offensive weapons including knives, imitation guns, martial arts weapons such as knuckle-dusters and nunchakus.
The police must tell you the reason for their search.
Searching private property
Police usually need a search warrant to enter and search private property, such as your home. However, the police may enter private property without a search warrant:
if you agree to the police coming in,
if the police have a reasonable belief that a serious offence is, or has been, committed and entry is necessary to make an arrest,
to stop a breach of the peace, for example, fights,
if there has been a breach of an intervention order,
if the police are chasing someone who has escaped from prison or police custody,
if the police have a warrant to arrest someone,
if the police have a reasonable belief that there are illegal drugs on the premises.
Searching while in police custody
The police can search you if you are in custody or under arrest:
if they believe you are carrying a weapon, or
to take things from you that could be used as evidence for the offence they have arrested you for.
The police can also search you if they have a warrant that says they can.
POSSESSION:
Use
Includes smoking, inhaling fumes, injecting or swallowing a drug. A person can be charged with "use" if they admit to using. You can also be charged with introducing a drug into the body of another person if you admit to injecting someone else with a drug.
Possession
Means having a drug on you or in a house or property that you occupy. This includes cannabis plants growing anywhere on the premises. You might also be charged with possession if drugs are found in a car you own or you are driving. An important element of proving a charge of possession is your knowledge that the drug was present - you should get advice from a lawyer before being interviewed by police.
Trafficking
Usually means selling a drug, but it can also include exchanging, agreeing to sell, or offering drugs for sale. You can be charged with trafficking if you sell or offer to sell a person a harmless substance that they believe is a drug. You can be charged with trafficking if you admit to the police that you have done one of these things. You can also be charged with trafficking if you possess a "traffickable quantity" of drugs. This is an amount that is stated in the law and is different for various types of drugs. For example the "traffickable quantity" of heroin is three (3) grams of powder. Even selling to a friend could be trafficking. Trafficking is a serious offence and the penalties if a person is convicted can be very harsh.
BEING TAKEN INTO CUSTODY:
The police can only arrest you if they suspect you have broken a law. If the police take you into custody, you should always ask the police officer, "Am I under arrest?" and "What am I under arrest for?".
When the police place you under arrest, they will usually take you to the police station. The police might hand-cuff you to take you back to the station.
Do I have to go with the police?
You only have to go with the police if you are under arrest. Sometimes the police might ask you to come to the police station without arresting you. If you are not under arrest you can choose if you want to go with the police or not.
In some situations you must go with the police when you are not under arrest. For example, if the police take you for a breathalyser test or if they believe you need protection
How long can the police hold me?
If you are arrested and taken into custody by the police, they can only keep you for a "reasonable time".
Reasonable time depends on many things - it can be for a few hours or more, depending on the seriousness of the offence. It also depends on how long it takes to interview you.
Note: If you are picked up for being drunk in a public place, you may also be held at the police station for up to four hours to sober up.
QUESTIONING:
When dealing with the police it is important to try to be calm and polite. Don't resist or be abusive or violent. Be firm about your rights.
Under 17: If you are under 17 the police must arrange for an independent person (see information below) to be present during any formal questioning. You have the right to try to contact them and a lawyer.
You don't have to answer any questions. You can say "no comment", but if you have a simple excuse, it may be a good idea to explain. Be careful. Get legal advice if you can.
Speaking to your family, lawyer or an independent person
If the police have arrested you (or otherwise taken you into custody), they must allow you to do the following before any formal questioning begins:
attempt to telephone a friend or relative (in private if you are under 17), and
telephone a lawyer in private.
The only times the police don't have to allow this is if they believe that during this time:
someone else might get away,
some evidence may be lost or tampered with,
danger may be caused to other people, or
if it is a drink driving matter.
If you are waiting to speak to your family, lawyer or independent person, you should refuse to answer any questions in the meantime.
Name and address
You must give your correct name and address if the police believe:
you have broken the law,
you are about to break the law, or
you are able to assist them with information about an indictable (serious) offence.
If you then refuse to give your name and address, or give a false name and address, this is an offence.
You must give your name and address on public transport if asked by police or an authorised person from the Public Transport Corporation.
You must also give your name and address to police if you are asked when driving a car or motorbike or are on licensed premises.
Remember:
anything you say to the police at any time may be used against you,
you are entitled to a copy of the tape of your interview with police,
you don't have to sign anything unless you agree with it,
there is no such thing as an, "off the record" statement.
Independent person
BLOOD/URINE TESTING:
17 years and older
You do not have to give the police a blood or body sample, or agree to an intimate physical examination. You should refuse to have a forensic procedure unless you have had legal advice. If you refuse, the police would have to convince a court that there are good reasons why they need the sample. If the police have court approval and you still refuse, they may use reasonable force to assist in the forensic procedure.
DRUGS AND THE LAW:
Under State law there are five main drug offences - these relate to use, possession, cultivation, trafficking and conspiracy to possess, cultivate and traffic.
The use, possession and cultivation of a small quantity of cannabis (less than 50 grams) usually attracts a penalty of a good behaviour bond for a first offence.
The penalty for the possession of any drugs not related to trafficking is $3000, or one year imprisonment, or both.
In Victoria, the penalty for trafficking a commercial quantity of a drug of dependence is a maximum of 25 years imprisonment and up to a $250,000 fine.
CONCLUSION:
You can be searched anywhere, anytime. You are allowed to ask why you are being searched and have the officer note that you do not consent to the search (although this will probably just create problems). Ask polite questions "why am I being searched?" "Am I under suspicion of something" etc. If you're a female you must be searched by a female officer and vice versa for males. If the search is invasive it must be performed by a doctor.
I'm a bit disappointed with my efforts to find out about drug possession/trafficking laws. If you sell, or attempt to sell, or have intent to sell you are trafficking. You could also be done for trafficking if you have a large amount of drugs on you. Unfortunately I cannot find out anywhere at what ammount possession becomes trafficking.
To be honest with you, this is severly lacking in information, but it was the best I could do with two hours of searching the net. I would appreciate it immensley if people could post any additions to this (please make sure they are researched and provide links if possible, I don't want a whole lot of "I heard/My mate heard") especially on the issue of when possession becomes trafficking.
Regards,
Anth.
SOURCES: http://www.legalaid.vic.gov.au http://www.parliament.nsw.gov.au/prod/web/PHWebContent.nsf/PHPages/LinksDrugSummitDrugPolicyHeroinTrials?OpenDocument#australia http://druginfo.nsw.gov.au/ http://druginfo.nsw.gov.au/druginfo/class_indexes/Illicit_Drugs.html http://www.adf.org.au/index.htm http://www.aph.gov.au/library/pubs/bp/1996-97/97bp12.htm
------------------
Everyone knows cool hit it's peak in 1974.
