Being frisked - Melbourne, Australia

Hi,
After reading the article on the main page of Bluelight regarding to being frisked on public transport, I am enquiring as to the rights of an individual residing in Melbourne, Australia.
I *think* that police, if they pull you over for a driving/traffic offence, can use that as reasonable ground to search your car.
I also think that that police can use probable cause or suspicion to basically pull anyone over.
If you are walking down the street are the police able to search you? If so on what grounds? Can you refuse? If you do, what are the implications?
If you are on public transport, again are the police able to search you and if so on what grounds? Can you refuse? If you do, what are the implications?
If you are at a rave/club are the bouncers ever able to search your bags once you are inside the event. This has happened to me before where two bounces led me off to an empty room and tried to get me to give them my 'drugs'. I did not have any on me and they were not happy. (This was at Altona.. for those Melbourne people who are curious.)
Thank you all for you advice.
Regards,
F

If that sort of stuff happens again at an event, make sure you contact the promotor afterwards and complain. Don't let dodgy security prey on you.

Hey Soma,
How ya going man?
This is Inachi
Speak to you on Icq..
I'm always getting fuckin picked on! Easy prey
F

i'm also very interested in the answers to these questions... was i know afew people who have be stopped in the city and told to empty their pockets and then frisked.. these people were not doing anything illegal/silly/etc or looking dodgy..

good thread. i'd like to know the answers to these questions. anyone who doesn't know their rights is at a disadvantage.

The Drugs, Poisons and Controlled Subatances Act allows police to search persons, vehicles and animals when acting on reasonable belief in relation to the suspected commission of state drug offence, and to seize relevant material(This is all without a warrant). Pulling someone over for doing 63 in a 60 zone isn't reasonable grounds for searching their car.
There is no express provision under state law which allows police to order a person to remove their clothing, or to be subjected to an intimate bodily search. The police possess no general power to conduct full or strip searches in public or private. Even if a warrant has been issued allowing searches of this kind a search may be rendered unlawful if it involves detaining the person for an unreasonable period, or searching them in an excessively invasive, publicly degrading, or unnecessarily humiliating manner.
I shouldn't think that bouncers in a club have any greater right to search a person or a persons bag than you or I would. However, on the occassions that they check bags or persons, it's generally a condition of entry which we consent to. You could always refuse but you probably wouldn't be allowed entry.
[ 24 June 2002: Message edited by: Prometheus ]

Hi,
As this has raised a few questions by some I decided I would do a bit of research into it myself.
I have found the following:
According to the victorian legal aid board
your rights when it comes to searching/giving name and address are as follows:
Name and Address
You must give your correct name and address if asked by the police. The police will ask for these details because they 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 or serious offence.
The police do not have a right to demand your name and address for no reason.
The police must tell you the reasons for their belief. If they do not give them, you should ask for their reasons.
The police must also tell you their name, identification number, police station and rank. They are required to give you this information in writing, if you ask. These details may be useful later. The police can be fined for not giving you these details. You must make a complaint for this to happen. A lawyer can help you do this.
You must also give your correct name and address to the police:
if you are driving a car, motor bike, boat or push bike.
You must give your correct name and address to a public transport officer:
if you are on the tram, train, bus or on public transport property.
Remember, police can also ask for your name and address, if you are in a hotel or licensed premises. Remember, staff can also ask for your age.
It is a criminal offence to refuse to give your name and address, or to give false details to police or public transport officers, and you can be fined up to $500 for these offences by a court.
The police can also be fined for not giving you their details. For this to happen, you would have to make a complaint. A lawyer can help you do this.
If you are under 17 there are special rules about police questioning. For more information see Police Questioning in the "Youth" section of this site.
Searching
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.
Hope this helps.
F

Nice work friskk

what I want to know is, does a cop have to show any reason behind their suspicion of carrying drugs? Cos that's the real issue here... Can they walk up to someone and say "you have a facial piercing, you could be carrying drugs!".

Hi,
They need reasonable/probable cause. They need to have suspicion. Legally they may not be able to.. but if a cop wants to really search you they probably can find something to book you on.
F