• 🇳🇿 🇲🇲 🇯🇵 🇨🇳 🇦🇺 🇦🇶 🇮🇳
    Australian & Asian
    Drug Discussion

    Welcome Guest!
    Posting Rules Bluelight Rules
  • AADD Moderators: swilow | Vagabond696

Warning to Users about car searches

Splatt said:
You should of asked for their names, rasks and stations and reported them.
Click to expand...

That goes for everyone else... police will continue to abuse your rights and their powers in such a manner until people stand up to them. Not by abusing them or giving them further excuses to detain you but by being observant and polite, noting their name and rank and making a formal complaint.
 
My friend can get Court Diversion for Posessing Dangerous Drugs and Possessing Utensils. But on the app form it says nothing about the syringe charge. Is he looking at a record in any ones opinions? He failed to notify the cop that there was anything in the car they "should be worried about". That is the only concern. No recorded priors or any unrecorded, related priors.. One drink driving charge two or three years back,.
 
In WA any Police Officer can search any person/vehicle/vessel if they reasonably suspect any person committing an offence under the Criminal Code.

They can also search any person/vehicle/vessel if they reasonably suspect any person committing an offence under the Misuse of Drugs Act. Queensland has a very similar Misuse of Drugs Act as WA.

If a Police Officer pulls you over in a known ‘hot spot’ (pretty much anywhere) and ask you some questions and you refuse to answer, then they can search you. You may ask is this ‘reasonable’ suspicion. Can any one spell grey?

If a Police Officer looks in you car and sees an empty clip seal bag then you can draw an inference there were once drugs in the vehicle. Then they can search your vehicle and any person in it. If there is a known drug user in the vehicle same again they can search and will get away with it.

It is also a misconception that Police (in WA) need a search warrant to search your house. In WA if you are under arrest for a crime. Police can search your dwelling with out a warrant. They get this power from Section 58 of the Police Act.

Police still will normally obtain a warrant as it looks more professional if and when the charges go through the courts. If they obtain a search warrant from Section 711 (normally for stolen property etc, not drugs) of the Criminal Code for your house they can also search your vehicle. However, they can not search your person. They can pat search for weapons if they believe you may be carrying.

If a warrant is obtained through the provisions of the Misuse of Drugs Act then they got ya. They can search your body and any person in your house. Also people that come to your house during the warrant.

Police are not that stupid. When putting the 711 search warrant to the Justice of the Peace they must list all items that they intend to look for. For example a Plasma Screen TV. They will list the TV and the remote. This gives them the power to look through small compartments for ‘the remote.’

On a drug warrant they only list drug and there grounds to search.

Anyway, be good, if not be good at it!
 
You must log in or register to reply here.
Top