who's been sentence or arrested for a drug offence?

[control]

If you still come up in their searches as being under a federal investigation which lasts 3 yearson your record regardless, then they can search you without suspicion, the open federal matter is enough.

Then if they find anything in the car, clean unopnened fits, baggies whatever, they can drag you back to the local police station and strip search, you know the whole raise your nutsack, squat and cough.

I've done a lot of googling but I can't find anything saying that a person can be searched if you've had an investigation on your record.

from http://www.findlaw.com.au/articles/4338/can-the-police-conduct-a-personal-search-without-a.aspx

When can the police conduct a search without a warrant?

The police can search a person without obtaining a warrant if they have reasonable grounds to believe that the person has in their possession:

• a dangerous weapon
• illicit drugs
• stolen, or unlawfully obtained property
• an object to commit a crime, or cause harm to themselves, or to another person.

Can I not consent to a search?

A person does have the right to refuse a request for a bodily search. However, consent does not need to be obtained if the police have reasonable grounds to believe that a person has in their possession weapons, drugs, or stolen property.

If a police officer is seeking a person’s consent to conduct a search, the consent must be genuinely obtained. An officer conducting a search must clearly state that a search is to be conducted, and that the person not only understands the request being made, but gives permission for a search to take place.

 

[Black Rabbit of Inle]

If a police officer is seeking a person’s consent to conduct a search, the consent must be genuinely obtained. An officer conducting a search must clearly state that a search is to be conducted, and that the person not only understands the request being made, but gives permission for a search to take place.

This isn't always the case.

 

[control]

This isn't always the case.

Legally, or in practice?

 

[Black Rabbit of Inle]

In practice. You can have all the ordinances and laws you want, the police are still going to do things their way and screw some people over.

 

[Portillo]

^ It's such a waste of time, they have cannabis cautions but once you exceed a few of them you have to goto court, even for a small amount, as outlined by your post, and it clogs up the courts and wastes everybody's time. There should be country wide laws that if it's under an ounce (or even a half would do) then you just get an on the spot fine. But we have all these state laws for each place that are all different, so everyon's confused as fuck even when they aren't baked. Great idea fuckwits who make the laws.

Even for small amounts of every type of drug (not just cannabis) this should be the case, set levels and if you are caught with under it, you just get a fine, nothing more. Like 2 pills, 1 gram of speed, 2 trips, i gram of H, 1 g of coke, etc etc.

In my opinion, minor drug use shouldnt be a crime. Sending drug users to prison, clogging up courts, wasting tax payer money, giving people permanent criminal records, does more harm than good.

 

[Dave82]

This isn't always the case.

Actually it is by law. My case was thrown out of court for this exact reason. Although it was a security guard and not a police officer that did the search.

 

[Black Rabbit of Inle]

Actually it is. My case was thrown out of court for this exact reason. Although it was a security guard and not a police officer that did the search.

A security guard has no right to search you without proof of theft (I assume it was a retail security? Bouncers have no right at all to search anyone).

I have been subject to random searches with no reasoning or consent given in both Victoria and QLD. The police act how they want to act.

 

[control]

In practice. You can have all the ordinances and laws you want, the police are still going to do things their way and screw some people over.

Yeah, there's not much you can do when the police want to bend the rules, especially since it's often their word against yours. I try and discretely record all my dealings with police (so far just breath tests) so that I have some evidence. If I was every asked to submit to a search, I would ask for the the officer's name, badge number and police station in writing as well as a written reason for the search. Maybe I'm being unrealistic

 

[Black Rabbit of Inle]

Very unrealistic. Just try that when 2 cops are flanking you and they'll just grab you and pat you down anyway.

 

[aussie101]

Laws in Australia related to drugs are in general massively less stringent than in the US. That is all.

 

[mister]

got caught once, I told the cop I was just waiting for a mate

 

[Stevenski]

As a corrupt old cop said to me (when I was face down & they were fitting up my mate) "Sure it's a free country & you have rights. Well I have a badge, what have you got?". It was also explained to me in detail that if you want to be a cunt about things we will bash the everloving fuck out of you & charge you with resist arrest, assault police, possession of controlled substances etc etc. That was in the 90's when police were far more corrupt than they are today but the simple fact is they are the law & the law can do what it likes.

 

[control]

In practice. You can have all the ordinances and laws you want, the police are still going to do things their way and screw some people over.

Yeah, there's not much you can do when the police want to bend the rules, especially since it's often their word against yours. I try and discretely record all my dealings with police (so far just breath tests) so that I have some evidence. If I was every asked to submit to a search, I would ask for the the officer's name, badge number and police station in writing as well as a written reason for the search. Maybe I'm being unrealistic

 

[tentram]

I wouldnt say thats being unrealistic at all considering what situation you find yourself in.

Cops are reknown for being lying fuckers especially between a group of them so the more proof on your behalf the better chance youve on you to defend possible charges.

There is no law against filming police when in such a confrontation so theyve no right to stop you recording or filming the incident or confrontation or whatever the situation.

 

[deldone]

There is no law against filming police when in such a confrontation so theyve no right to stop you recording or filming the incident or confrontation or whatever the situation.

You are right. There is no law against filming them but they wil def get agro towards you. I remember in the news not too long ago in Melb there was a few police holding up someone on the street and apparently was kinda harsh to that someone. A passer by took out his phone and started recording and one of the police came, took his phone smash it on the ground and started to pat him down.

If it was me I will film them without their knowledge. Something like a secret recording device etc. But ahh I hope I never have to deal with this kinda things.

 

[Black Rabbit of Inle]

There is no law against filming police when in such a confrontation so theyve no right to stop you recording or filming the incident or confrontation or whatever the situation.

The Privacy Act protects personal information that is held, or collected for inclusion, in a ‘record’. A ‘record’ is defined to include a photograph or other pictorial representation of a person.[133] If an individual’s identity is apparent, or can reasonably be ascertained, from a photograph or other image, then the collection, use and disclosure of that image is covered by the Privacy Act. This extends to video images as well as still photographs.

Same Act that covers your ass if you refuse to be recorded in public.

 

[poledriver]

There is no law against filming police when in such a confrontation so theyve no right to stop you recording or filming the incident or confrontation or whatever the situation.

Some cop, a higher up one I think said something about the public is encouraged to film police, regarding the mardi gras incident.

 

[yeahbutno]

got caught once, I told the cop I was just waiting for a mate

Whats ya mates name?

Haha the best

 

[tripnotyzm]

I failed a drug-driving test about 3 years ago, right in the middle of the city (fuck knows why i was driving round' the city on ice)..
They didn't arrest me.. Just got my details for the court, then banned me for driving for 24 hours.. lol..
However, if the fools done a car search, they may have found close to a kilo of dried subs sitting on my back seat..

 

[tentram]

Whatd they actually ban you from driving for man? Do you guys have a curfew being on P plates. Because you werent done for drugs right? im confused mayne.

Nice citing re-distributed