Surviving Police Encounters. What are your rights as a Citizen?

[sik_dose]

Last night I viewed this intresting youtube video.

BUSTED: The Citizen's Guide to Surviving Police Encounters

Witch set me thinking. What are my rights under Australian law and our constitution when dealing with police and other forms of authority (transit police and security guards)

[zaczac]

unless you have a full understanding of the state laws you live in, DO AS YOUR TOLD!
LOL

seriously police use the laws everyday and are trained in law so if they tell you to do something or you can be arrested,,,,,you do it.

not rocket science, don't be a smart arse and normally you will walk away unless you have warrants etc.

its all in your attitude and trust me if you muck up they can get you for something, so just behave...simple stuff really.

just watched some of the vid too and what a load of crap......american policing is sooo different to Oz and if you have drugs sucked in, no matter how you get caught!

j

[hakhawk]

its an american video/site. have trying any of it over here.

which witch sent it to you? tell her shes a silly witch

[ratz26]

dont break the law and you'll have no worries

[sik_dose]

So no one knows their rights?

[UFO]

bloody stupid english language!

words spelt differently can sound the same, and words spelt the same can sound differently.

I read this book recently, but I normally dont like to read.

Live your life, go to a live concert.

I always get a tear in my eye, when I rip and tear my favourite shirt.

I reckon it should all be phonic.... use the alphabet, and anything not in there that we need (like 'th', 'ch', 'sh' etc) keep as well. But bullcrap combinations that arent needed (like 'ph' = f) get rid of!

(opps.... got carried away off topic. nup.... no one knows their rights. just follow police directions )

[zaczac]

I know my rights, (in Qld) but you would be surprised just how much power police have, so just do as your told and don't be a smart arse.

If you want specifics then ask a specific question as every state has different laws and listing all your rights is not possible that is why lawyers have mini libraries in their offices as even they don't know ALL the law of top of head.

j

[ClairBear]

So no one knows their rights?

I am not a law breaker, I am a law abiding citizen therefore why do I need to know my rights? Usually the ones that need to know their rights are usually up to their necks in it and looking at ways to get out of trouble, or at least reduce the amount of trouble they are in.

If I was to encounter the Police I would fully cooperate as would most citizens, answer their questions and follow their instructions.

Therefore I pose the questions why do you need to know your rights and are you in or expecting trouble?

[Bravotwozero]

So no one knows their rights?

Pretty much. This would be the last place I'd ask a question like this. All you'll get is shit

[sik_dose]

Pretty much. This would be the last place I'd ask a question like this. All you'll get is shit

yer seems like it. Knowing your rights dosent mean you are a criminal. every one should know their rights and any one who has had a police encounter knows that you can not trust every police officer, the video makes perfect sense if you watch it and I think we should have somehting similar in Australia that is shown in schools.

[Pete_perth]

Bear in mind that most states (as far as I know and I am not a legal expert) requre that all citizens must follow any lawful instruction given to them by a Police officer.

Police Officers have very broad powers, so if you start declaring that answering their questions is a violation of your rights, you will find that there are other powers they can call upon. Like others have said, just answer their questions or follow their lawful instructions and you will be done and out of there in 5 minutes. Try to be smart and all they need to justify is that they had reasonable suspicion, you however will have to then spend months defending yourself if they want to make it a full on investigation - up to you.

[tmerivale]

what if the police officer sees you as "the enemy" when you have done nothing wrong? i know it is only a movie and is based in america but has anyone seen the movie crash? VERY powerfull!

just a hypothetical question but what happens if a young lad hooning kills the officers 70 year old mother as he skates through an intersection, then the next time the officer is on duty he sees a young person in a non modified car take off quickly without spinning the wheels with no smoke or without going over the speed limit, he/she just gets to the speed limit quickly? he will try to get the young person for something, its human nature.

my cousin was jumped by a group of asians and smacked with a metal bat, now he doesnt like asians without getting to know them. he is also the same with africans as someone from africa pulled a knife out on him and demanded money. if my cousin was a police officer he would probably still have his prejudice mind before his badge.

people naturally let past experiences influence their future whether it be a non authoritative figure or an officer of the law

[minux]

I am not a law breaker, I am a law abiding citizen therefore why do I need to know my rights? Usually the ones that need to know their rights are usually up to their necks in it and looking at ways to get out of trouble, or at least reduce the amount of trouble they are in.

If I was to encounter the Police I would fully cooperate as would most citizens, answer their questions and follow their instructions.

Therefore I pose the questions why do you need to know your rights and are you in or expecting trouble?

Sash, that is very far from the truth. As a photographer I have been approached twice now after taking photos on a beach and in a park. Had I not known my rights, police would have been able to delete every photo on my camera. Had I not known my rights, i would of left the areas I was at, feeling guilty of doing nothing.

Knowing your rights is not a bad thing, nor does it prove you are/are not a law abiding citizen.

[ClairBear]

As a photographer I have been approached twice now after taking photos on a beach and in a park.

That is disgusting. The insinuation that you are a paedophile is incomprehensible just because you have a camera.

In this instance sadly, I can see how one would need to know their rights.

Will the madness stop?

[Tsunamix]

remember this - dont speak in haste to an officer.

99.99% of times tehse days they are recording every encounter (audio). Think ahead.

If you have a legitamate question, dont be afraid to ask it. It's not illegal to ask why. It's not even illegal to ask why me specifically. Make them say what they are doing. Listen, then if need be say your piece.

It's operfectly fine to get them to justify their actions. But you had better comply with any instructions they have.

[tmerivale]

tsunamix makes an extremely good point. unfortunately in court they do stuff it up a bit, lol.
one of my mates had a trade plate on the back of his car as he was taking somewhere and the boss was behind him. police pulled him over and my mate was speaking with lots of "umm" and "ahhh" sort of talk. his boss is always straight to the point with NO umms or ahhs. in court they were trying to say that it was the boss that was like umm and ahh and all that sort of stuff, so they were getting it wrong but the point that im trying to make is it doesnt matter if they tell you or not, they are audio recording you.

minux, i thought it was illegal to take photos the beach now a days. what did they do, did you have to show the pictures on your camera?

[cracker]

when dealing with a police officer, your best bet is to shut the **** up.
the less you say the better, dont ever EVER argue, be polite.
and dont admit to anything.

i learnt my lesson questioning a copper once and cost me $250 for "littering" although at 4am on a sunday morning my judgement was slightly impaired...expensive lesson.

[faroogoo]

If your that concerned,just record it all on your phone camera/voice recorder.

[bloodyricho]

We are going to search your car ! are you all right with that? You don't have nothing in there ?nothing to hide? you don't have a problem with us searching then?
Stanard Response no i don't have anthing to hide. go ahead.
Wrong u just gave the cop more rights than he had.
correct answer - Got a search warrant or some decent probable cause?

Who's this with you then?
No one special officer!
police are only aloud to speak with the driver!

step out of the vehicle for a minute sir!
ops you left the door open now i can stick my big pig head inside and look around.
Lock it and if you asked why - it is illegal to leave and unattened car unlocked. ha ha oink oink

empty your pockets please sir
note the please! you don't have to - am i under arrest? no then no!

you did this, we know you did this, now tell us why you did this.it will be better that way!
translation - we are pretty sure you did it now we want you to admit it cause we can't really prove it and it would be better for us than trying to prove it with our crap evidence.

WHEN IN DOUBT GET LEGAL AID! DON"T give more than one wor answer be cool calm and polite

[sik_dose]

I was on the train on the way to the gym on a public train and two police officers walked up and stood over me and said "we have reason to believe you where involved in a grafiti attack and will need to see the content of your bag" they grabbed my bag and waited till I said they could look in my bag before searching it, finding nothing exept a gym towel and bottle they checked my hands for paint marks which where also absent. They handed my bag back and walked off. My reason for starting this thread is for occasions like this, I dont know my rights under NSW law and could i have refused a search? Same with my car at a traffic stop, can i refuse a search of my car? notice that police always ask you to open the boot or the bonet and only open doors that are un locked.

[burnz]

what are your rights as a citizen

You have the right to remain silent.
Anything you say can and will be used against you in a court of law.
You have the right to an attorney.
If you cannot afford an attorney, one will be appointed to you.
Do you understand these rights as they have been read to you?

[TVR-190]

Ive been pulled over twice. 1st time they wanted to do a rbt then asked about my warnign lights. (I'm a storm spotter for the B.O.M) I just sat there hands on the steering wheel and complied with what he asked, showed him the lights were amber.

2nd time was a similar thing but with HWP, Guy wanted to check my license and asked about the lights, explained it to him and he had a good laugh with me cause apparently my car was in the system as possibly having police lights, told me to have a good day and we both left happy.


Basically if i get pulled over i Stop immediately, roll down window, turn off stereo and engine, and keep both hands on the wheel unless asked to provide my license or anything else. Its worked so far.

You have the right to remain silent.
Anything you say can and will be used against you in a court of law. So shut up
You have the right to an attorney.
If you cannot afford an attorney, We will supply you with the dumbest ****ing lawyer on earth.
If you get Johnny Cochrane, I'll kill you

[sik_dose]

what are your rights as a citizen

You have the right to remain silent.
Anything you say can and will be used against you in a court of law.
You have the right to an attorney.
If you cannot afford an attorney, one will be appointed to you.
Do you understand these rights as they have been read to you?

thats only what is read to you at the time of arrest. Im certain it dosent cover everything.

[minux]

minux, i thought it was illegal to take photos the beach now a days. what did they do, did you have to show the pictures on your camera?

The beaches I go to rarely have more than 1 person on them. Perfectly legal to use cameras on any beach, there are a few however that require permits.
I am yet to have been asked to show police any image I have taken. I always laugh and ask why police resources are being wasted on such petty crap. I then proceed to flick through some images to show them the nature of my photos, give myself a plug by providing a card, by this time police are asking me to enjoy the rest of the day.

By law, I do not have to show police anything unless they take me in to custody.

[DanVN]

remember this - dont speak in haste to an officer.

99.99% of times tehse days they are recording every encounter (audio). Think ahead.

If you have a legitamate question, dont be afraid to ask it. It's not illegal to ask why. It's not even illegal to ask why me specifically. Make them say what they are doing. Listen, then if need be say your piece.

It's operfectly fine to get them to justify their actions. But you had better comply with any instructions they have.

my cousin got arrested for exactly this in brisbane a few weeks back, completely sober and got thrown in the drunk tank for asking why her brother was being arrested