Ask The Copper

[helly]

Depends on the state... Powers of arrest have recently been moved from the Crimes Act (in NSW) to the Law Enforcement Powers & Responsibilities Act 2002.

S.100 of LEPRA states;
*** START QUOTE ***
(1) A person (other than a police officer) may, without a warrant, arrest a person if:
(a) the person is in the act of committing an offence under any Act or statutory instrument, or
(b) the person has just committed any such offence, or
(c) the person has committed a serious indictable offence for which the person has not been tried.
(2) A person who arrests another person under this section must, as soon as is reasonably practicable, take the person, and any property found on the person, before an authorised officer to be dealt with according to law.
*** END QUOTE***

So technically yes, you could also arrest a police officer for committing an offence. However I don't suggest it.

There are issues with this...

If they are operational, in other words executing their duties, then the actions of your arrest are in fact a a serious offence themselves, being either hinder police/assault police in the execution of their duty. The other issue is that you would have to release the officer immediately into his own custody as he is the Authorised Officer...

Then common sense should prevail, how can you arrest someone that has a stautory and common law power overriding your own. It would be your word against his in regards to his arrest, and civilians have no powers to investigate matters. If a police officer was in uniform and armed I would be just be waiting for the more appropriate time and putting a complaint before PIC (Police Integrity Commission) who have direct powers to arrest police and make investigations...

Its just a real mess. I can see a whole heap of issues that would arise from a civilian trying to effect an arrest on a police officer. The main issue is that you need all the facts before you go in and arrest someone, police officer or anyone else, as you don't have the option of further investigation. Whereas a police officer can arrest a person, who'm he/she reasonably suspects has committed an offence and make further enquiries.

Hope that answers your Q... If you need any clarification to a specific point, just ask...

[holden#1]

Depends on the state... Powers of arrest have recently been moved from the Crimes Act (in NSW) to the Law Enforcement Powers & Responsibilities Act 2002.

S.100 of LEPRA states;
*** START QUOTE ***
(1) A person (other than a police officer) may, without a warrant, arrest a person if:
(a) the person is in the act of committing an offence under any Act or statutory instrument, or
(b) the person has just committed any such offence, or
(c) the person has committed a serious indictable offence for which the person has not been tried.
(2) A person who arrests another person under this section must, as soon as is reasonably practicable, take the person, and any property found on the person, before an authorised officer to be dealt with according to law.
*** END QUOTE***

So technically yes, you could also arrest a police officer for committing an offence. However I don't suggest it.

There are issues with this...

If they are operational, in other words executing their duties, then the actions of your arrest are in fact a a serious offence themselves, being either hinder police/assault police in the execution of their duty. The other issue is that you would have to release the officer immediately into his own custody as he is the Authorised Officer...

Then common sense should prevail, how can you arrest someone that has a stautory and common law power overriding your own. It would be your word against his in regards to his arrest, and civilians have no powers to investigate matters. If a police officer was in uniform and armed I would be just be waiting for the more appropriate time and putting a complaint before PIC (Police Integrity Commission) who have direct powers to arrest police and make investigations...

Its just a real mess. I can see a whole heap of issues that would arise from a civilian trying to effect an arrest on a police officer. The main issue is that you need all the facts before you go in and arrest someone, police officer or anyone else, as you don't have the option of further investigation. Whereas a police officer can arrest a person, who'm he/she reasonably suspects has committed an offence and make further enquiries.

Hope that answers your Q... If you need any clarification to a specific point, just ask...

sounds like I could arrest my neighbour IF I HAD GROUNDS but could be a bit tricky arresting an armed officer....
fair enough...
I spose this is how security guards can contain a person till police arrive if they are found stealing etc...

[vlv8vic]

This is the thing though, what offence were they committing. Were they committing 'criminal' acts or just doing what the rest of us do on new years eve???

There are lots of things that get let slide in the interests of public harmony... Imagine if every guy who said "F#ck" on new years eve in a public place got thrown in the bin... They are people too, and don't get me wrong, some of them do some very very bad sh#t, and are just down right crazy and quite possibly psychotic. But if the main thing they are doing is making some noise and pissing on, then they aren't out shooting someone or manufacturing and trafficking amphets are they...

not to my knowledge they arent. but there is a caravan park down the road (actually many of them as our population doubles during summer) where everyone else has to stay. ive seen vans stop on the side of the road in the same place and be asked to move on.
Now im not sure what the laws are on camping ina public place, but, these bikies are the only, yes only ones allowed to stay there, ever.
oh, no one is allowed to camp there on new years eve either (although no doubt if these lads showed up they would be allowed.)

[gopher]

set up camp on the nature strip & when you get arrested or moved on.

scream loudly about discrimination

[vlv8vic]

could be an interesting adventure. wish i was on the dole or something and didnt value my job or reputation so much.

[EGG]

Actually one from another forum that was never really answered, but is it legal to record a conversation with a police officer without letting them know?

[gocommygo]

id LOVE to know about police rights to search a vehicle, ive HEARD they need due cause such as suspicious objects visible inside the vehicle or the driver looks whacked out and/or acting suspicious and if u can go against their due cause with good reason if that makes sense

[minux]

Actually one from another forum that was never really answered, but is it legal to record a conversation with a police officer without letting them know?

Its illegal for anyone to record anyone without their knowledge. I beleive police can record people without knowledge with a court order/warrat whatever they call them these days

[helly]

You can record any conversation you like as long as you are known to be taking part in it!!! ie pointing a long distance mike at a person having a private conversation with anohter person, which you are not knowingly involved can be an offence. But recording a phone conversation with a mate, or your local drug dealer is not. Once it is recorded police could seize it from you if you wanted them to know about it by way of a warrant and then it starts to have some legal value. It can just be argued that the recording may not be admissible at court in some scenario's...

Police can record conversations by any means as long as you are cautioned first. The general caution in NSW is, "I am going to ask you some questions about this matter, you are not obliged to say or do anyhting, but anything you do say or do will be recorded and can be used in evidence at court, do you understand that?" This does not have to be strictly adgered to as long as the same meaning is conveyed.

Most highway aptrol officers in NSW now have in car video (capture audio too), they should inform you that the conversation is being recorded in most cases, but if you have committed a traffic offence they don;r need to use the above caution about not having to say or do anything, just tell you its being recorded. You wouldn't need to say or do anything really anyway, as the incident would most likely be recorded nicely for all to see on the video.

[helly]

Minux, you're mostly spot on... The part about them not having knowledge is more to do with the person recording not being a part of the conversation...

In reality you can record any conversation you like as long as you are a part of it. every '000' call is recorded no one tels you that they are when you call, but they can be admissible at court. So, its not really an offence to record YOUR conversation with somsone else, who doesn't know about it. But if you start doing things with it, without having its legality tested at court then you could have some drama's... Ie if you plan on doing something with it, like busating someone for something, then don't post it on the net, call the police and they can seize it as evidence and do somethnig with it...

[holden#1]

from a coppers point of view, would a good murder weapon be a piece of ice?
like we were talking about this at smoko the other day... ice would melt and especially if its outdoors would leave no traces... what do you reckon? it just an interesting thought...

[vlv8vic]

from a coppers point of view, would a good murder weapon be a piece of ice?
like we were talking about this at smoko the other day... ice would melt and especially if its outdoors would leave no traces... what do you reckon? it just an interesting thought...

i dont support you getting an answer to this, but i did see a movie where they put a noose around a persons neck and stood them on a big arse block of ice. they were out of the country by the time the ice had melted so time of death etc etc didnt add up. got busted in the end though. movies eh.

[holden#1]

there would be nothing wrong with getting a hypothetical answer to this question....
why I ask is i thought of it the other day and realised I had not heard of it before...
do you actually think I would be stupid enough to ask this question on this public forum before doing the deed?

o.k being a school teacher and all, you say it would give possibly young people ideas... well, if I got an answer from one of our resident coppers on this one it would be no different or harmful than your kid watching an episode of CSI or something...
by the time a kids thirteen they reckon the've already seen 10,000 murders on TV.
how many do you think you've seen by the time you're twenty/thirty?
I repeat, resident cop would not be doing anymore harm in answering this question than watching an episode of Blue Heelers... they get extremely inventive on set, i.e, did you see the episode of blue heelers where pissed off wife goes into lockup, gives husband a kiss and transfers razor blades to his mouth (they were so small he didn't realise) and he bleeds to death....

[gopher]

from a coppers point of view, would a good murder weapon be a piece of ice?
like we were talking about this at smoko the other day... ice would melt and especially if its outdoors would leave no traces... what do you reckon? it just an interesting thought...

you've asked this in a couple of threads
are you planning a murder?


psycho cabbie goes beserk with a popsicle

[minux]

Minux, you're mostly spot on... The part about them not having knowledge is more to do with the person recording not being a part of the conversation...

In reality you can record any conversation you like as long as you are a part of it. every '000' call is recorded no one tels you that they are when you call, but they can be admissible at court. So, its not really an offence to record YOUR conversation with somsone else, who doesn't know about it. But if you start doing things with it, without having its legality tested at court then you could have some drama's... Ie if you plan on doing something with it, like busating someone for something, then don't post it on the net, call the police and they can seize it as evidence and do somethnig with it...

Yeah i forgot to mention that. I know in vic, that to record a conversation on a 3rd party device, the other person must consent to it. Doing otherwise leaves you to breaches of the privacy acts.

[rattattack1313]

you've asked this in a couple of threads
are you planning a murder?


psycho cabbie goes beserk with a popsicle

I could change his name to that................ wife wouldn't let me..so I added it to his sig.......

[helly]

I don't know if it would be an effective weapon or not... Anything can be fashioned inot a weapon. For crying out loud people have been murdered with ice cubes. I was involved in an attempt murder investigation where the weapon was a philips head screwdriver that had been stashed in the freezer, the guy later admitted that he probably shoud have used a flat head instead(what the?)...

I just think this whole subject is a bit COLD for my liking

[Spyper]

That used to be one of those "stupid test" riddles. And I've heard about stabbing someone with an ice knife also.. maybe from a movie? There'd prolly be a way to find out, like where the wound is, bits and pieces being slightly frozen, as body warmth disipates and bits of flesh harden? Who knows..

But a question that wasn't answered before..
In Victoria, when do Police have the right to search a vehicle? I was stopped at a massive thing on the way to balarat, closed down the whole highway. Booze bus, etc etc. Random searches on some cars. I asked the officer if it was a "P Plate search" ? They assured me it wasn't. They searched, found nothing and I was on my way. But are they allowed to do that? What about my right to privacy?

[=Calais v8=]

ok i have a question that i need to be answered asap!! is there any law regarding sleeping in your car in a carpark or something???? somebody told me this was illegal. im going camping tomorrow with some friends, but every site is pretty much booked out, so if we cant find a place, this will be what we need to do

thanks in advance

Dainen

[holden#1]

I don't know if it would be an effective weapon or not... Anything can be fashioned inot a weapon. For crying out loud people have been murdered with ice cubes. I was involved in an attempt murder investigation where the weapon was a philips head screwdriver that had been stashed in the freezer, the guy later admitted that he probably shoud have used a flat head instead(what the?)...

I just think this whole subject is a bit COLD for my liking

probably no need to talk about this one! bad memories eh?

It just seemed to be an mad idea to my sadistic brain!

sorry to any for offence this may have caused... I am not the psychopathic cabbie...

[sixshooter]

Also another question regarding vehicle emmisions...

I saw on TV show a device the Police over in America use to catch unroadworthy cars, it was a smog camera. Apparently it can measure the exhuast emmisions of a passing vehicle to check if it conforms to vehicle design standards.

Is it likely that such a device may be introduced in Australia ?

I for one reckon it would be a good idea to get these smog boxes off the road...

And why is it diesel trucks and buses can spew black soot everywhere when they accelerate ? I really am sick of driving along and having to check my vents are closed everytime I pass one...I'd really hate to be a pedestrian as one accelerates past!

[Grimlock]

I don't know how the Transport Authority in South Australia operates. In Queensland members of the public can report smokey vehicles directly to Queensland Transport.

There is a form that you can fill out and either and e-mail or fax it back. If several complaints are made then the registered owner gets directed to produce the vehicle for inspection. If the vehicle fails the inspection the owners are given 14 days to rectify the problem/s and produce again or to provide proof that the vehicles been de-commissioned.

This is the link for Qld. Victorian Road Dept should have something similar.

http://www.transport.qld.gov.au/qt/eForms.nsf/F3096E

[minux]

ok i have a question that i need to be answered asap!! is there any law regarding sleeping in your car in a carpark or something???? somebody told me this was illegal. im going camping tomorrow with some friends, but every site is pretty much booked out, so if we cant find a place, this will be what we need to do

thanks in advance

Dainen

In Vic it is "illegal" to sleep in a car. Which is why it makes me laugh that they advertise to power nap etc. Got a nice fine for sleeping in a truck parking area 12 months back...couldnt beleive it.

[Stretcher Bearer]

id LOVE to know about police rights to search a vehicle, ive HEARD they need due cause such as suspicious objects visible inside the vehicle or the driver looks whacked out and/or acting suspicious and if u can go against their due cause with good reason if that makes sense

Well in Vic a Police Member can search your vehcile if the pull you up.

The same as they can pull you up just to see if you are carrying your licence, regardless if you were doing anything wrong.

[=Calais v8=]

In Vic it is "illegal" to sleep in a car. Which is why it makes me laugh that they advertise to power nap etc. Got a nice fine for sleeping in a truck parking area 12 months back...couldnt beleive it.

yeah thats the exact reason i was getting confused! the damn powernaps...


thanks for the answer