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can cops book you at work?

frejja

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12 12 12 12 12 12
 
Last edited:

Tom_1569

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Clearly they did, so Im going to say Yes, they can book you whilst your at work.
 

alien

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If they followed you they are issuing the infringement notice based on what happened on public roads, so yes, all legal. They are allowed to enter private property as well, even if it's upholding the law.

Just keep in mind that some carparks are not private property, and do in fact belong to local councils.
 

red_vb

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they must have been a fair way away for you to park get out and get back to work. hmmm i thought they would be able to. i have been told by a friend that they cant get you on private land. they could be wrong.
 

wrx884

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y wouldnt they b able 2 book ya, they saw u driving lol and u had no P plate???
 

tripple

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as above, they followed you cause no p plate, so thats well within normal
they folowed my wife one day for ages, she got home drove in the shed, and they breath tested her in the shed, they can do that to
its the fact they saw you driving it that gives them the right
 

acarmody

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Police are allowed to enter private property if they reasonably believe that the law is being broken.
 

VN_Luke

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where exactly was your car parked?

it's probably your own fault for opening your mouth :) - if you had not of spoken to him, he wouldn't have known whether a full license or probational driver was driving, and would not have been able to issue a ticket.

from the "your rights - police powers in victoria" book:

Private property
The police usually need a search warrant to enter and search private property – for example, your home. However, the police may go into private property without a search warrant when:

• you let them in
• they have a reasonable belief that a serious offence will be or has been committed and they need to go into the house to arrest someone
• they need to stop a ‘breach of the peace’ – for example, a fight
• there has been a breach of an intervention order
• they are chasing someone who has escaped from prison or police custody
• they have a warrant to arrest someone
• they have a reasonable belief that illegal drugs are on the property.


so from what i understand - if your car was in a locked/restricted work carpark - you could ask nicely for them to bugger off...

although at the same time, the officer in question could just as nicely send you out a letter to present your car for a full roadworthy inspection at the cop shop :)


edit: just realised those conditions apply to searches :) - will do some more reading and report back
 

VN_Luke

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where exactly was your car parked?

it's probably your own fault for opening your mouth :) - if you had not of spoken to him, he wouldn't have known whether a full license or probational driver was driving, and would not have been able to issue a ticket.

from the "your rights - police powers in victoria" book:

Private property
The police usually need a search warrant to enter and search private property – for example, your home. However, the police may go into private property without a search warrant when:

• you let them in
• they have a reasonable belief that a serious offence will be or has been committed and they need to go into the house to arrest someone
• they need to stop a ‘breach of the peace’ – for example, a fight
• there has been a breach of an intervention order
• they are chasing someone who has escaped from prison or police custody
• they have a warrant to arrest someone
• they have a reasonable belief that illegal drugs are on the property.


so from what i understand - if your car was in a locked/restricted work carpark - you could ask nicely for them to bugger off...

although at the same time, the officer in question could just as nicely send you out a letter to present your car for a full roadworthy inspection at the cop shop :)


edit: just realised those conditions apply to searches :) - will do some more reading and report back

2nd edit: it seems that once you are off the road, and your car is on private property - it would count as a 'search' of that private property to go have a look at the car. - which they are not allowed to do (pending reasons above).

If the door/gate is open, though - they won't seek an invitation and will look at the car unless you ask them to leave.

there's some interesting reading about breath testing AFTER you have driven a car - and further interesting reading at:
Road Rules Victoria. Your legal rights and obligations
 
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