•   
  •   

Australia If police stop and search you, do you know your basic rights?

04:25  06 november  2019
04:25  06 november  2019 Source:   abc.net.au

Chile president lifts state of emergency, protests continue

  Chile president lifts state of emergency, protests continue Chilean President Sebastian Pinera on Monday ended a state of emergency that lasted more than a week amid mass protests, but demonstrations continued nonetheless. Chilean President Sebastian Pinera on Monday ended a state of emergency that lasted more than a week amid mass protests, but demonstrations continued nonetheless.

Police do not have an automatic right to search you and your personal property such as a mobile phone. According to the Queensland Police your Caxton Legal Centre note in Know Your Rights that if the police do arrive and give you a noise abatement direction, you must stop making noise

Sunday, 8 December 2019 If police stop and search you , do you know your basic rights ? | Sky Australia Lifestyle Whether you are dealing with a noise

a man riding on the back of a car: Police have the right to check your ID if you are over 18, but if you are younger then you only need to supply your name and age. (ABC News: Patrick Williams)© Provided by Australian Broadcasting Corporation Police have the right to check your ID if you are over 18, but if you are younger then you only need to supply your name and age. (ABC News: Patrick Williams)

If a police officer asks to search your belongings, see your phone or check your car, do you have to let them, or can you say no?

Whether you are dealing with a noise complaint or being asked for identification, having a grasp of your basic rights when dealing with the police can help.

Vice president of Queensland Council of Civil Liberties (QCCL) Angus Murray said many of our rights were misunderstood due to our love of crime shows on TV.

Boeing CEO says he knew about test pilot's warnings before second 737 Max crash

  Boeing CEO says he knew about test pilot's warnings before second 737 Max crash Boeing's CEO Dennis Muilenburg defended the aerospace company's safety inspection system in Senate testimony Tuesday, despite two 737 Max crashes.Boeing's CEO defended the aerospace company's safety inspection system in Senate testimony Tuesday, despite two crashes that have grounded its 737 Max jetliner.

While police generally need a warrant to search you or your property — during a traffic stop But by following these basic rules, you ’ll be better able to prevent police from tricking you into giving up your your constitutional rights . You also don’t want to announce to police that you know your rights . If police search your car and find illegal items despite your refusal, your lawyer can file a motion to

You never have to consent to a search of yourself, your belongings, your car, or your house. In New York City, police are required by law to let you know when they’re asking for your consent to a search and to let you know that you If you do consent to a search , it can affect your rights later in court.

"I think people use rights they see on television, which are often American rights, so unfortunately they don't know their rights in the context in Australia," he said.

Here are five common situations you may face and the rights you have:

When a police officer asks you for ID:

If you are over the age of 18, you are required to provide the police with your name and address.

If you are under 18, you only need to provide your age and you have the right to ask for a parent or lawyer to be present, in the process of questioning.

"You do need to show your ID to the police because if they ask you to do something, and you fail to do so, it's seen as a lawful request and the police are able to charge you with failure to comply with the direction," Mr Murray told ABC Radio Brisbane's Rebecca Levingston.

'Spy Kids' Star Daryl Sabara Charged for Allegedly Vandalizing Stranger's Car

  'Spy Kids' Star Daryl Sabara Charged for Allegedly Vandalizing Stranger's Car The alleged incident occurred in March.The Spy Kids star was charged with the misdemeanors last week, though the alleged incident occurred on March 5, ET confirms. ET has reached out to Sabara's rep for comment.

The police officer or police community support officer must explain why you 're being stopped The police officer who stops and searches you must provide you with certain information including your right to a copy of the their form. The information you 'll be asked for. The police officer will ask

Would you know what to do if you were stopped by the police ? Written and Directed by Lucia Helenka Film by Minky Productions

"The police do need to have reasonable suspicion of your engagement in criminal activity or something unlawful before they start questioning.

"They can't simply arbitrarily question people."

When police ask to search your car:

If you are pulled over with reasonable suspicion, i.e. you have smoke coming out of the back of your car, the police can use that as a reason to search.

"It does depend on what the police basis is for the search, they can't just walk up and search the car, unless they have suspicion or a warrant for the car," Mr Murray said.

Police can seize any unlawfully held weapons they find in the search and can also seize evidence of other offences found in the search, such as drugs or housebreaking tools.

When handing over your phone or filming police:

Police do not have an automatic right to search you and your personal property such as a mobile phone.

According to the Queensland police your property can be searched if:

Can you ace this basic math quiz?

  Can you ace this basic math quiz? Take this simple true-and-false quiz to find out how good you are in basic math.

Know your rights . Everyone has basic rights under the U.S. Constitution and civil rights laws. Learn more here about what your rights are, how to exercise them, and what to do when your rights are violated.

So what should you do if immigration officers or police deputized to enforce immigration law confront you ? " You should always exercise your rights ," Leschak said. Trump has pledged to hire 10,000 more ICE agents, who go through a 16-week basic -training program including a five-week Spanish

  • You give consent to the search
  • They have a search warrant
  • A law, especially allowing them to conduct the search, is provided

Mr Murray said the police have the power to stop, detain and search you personally without a warrant if they reasonably suspect that you are carrying something such as a weapon, illegal drugs or graffiti instruments.

When it comes to using your phone to film, there is no specific law that states you cannot film the police while carrying out their duties in public.

You do have the legal right to film police, if it is in a public place, and as long it does not interfere with the performance of the police officer's duties.

If you are approached by the police while recording them you should state what you are doing and why.

Non-profit legal service Caxton Legal Centre state in their Know Your Rights handbook, that police do have the right to stop you from filming if you are obstructing a police officer.

There is also strict limitations on playing recordings and you should always get legal advice before deciding whether to play the recordings to other people or to publish them.

Xi meets Lam in 'vote of confidence' over Hong Kong protests

  Xi meets Lam in 'vote of confidence' over Hong Kong protests Chinese President Xi Jinping's surprise meeting with Hong Kong leader Carrie Lam was a "vote of confidence" in her government's ability to tackle five months of anti-government protests that have rocked the semi-autonomous Chinese territory, a senior official said Tuesday. Xi met Lam on the sidelines of a trade event in Shanghai on Monday night amid signals from China's central government that it may tighten its grip on Hong Kong to quell the unrest that has at times challenged Chinese rule.

FOX59 is taking you through a routine traffic stop , showing you what police do and why Eskew said officers can’t search your vehicle without your permission, unless they can prove probable cause to do so. The American Civil Liberties Union provides more tips below so you know your rights if you ’re

When the police can stop and search you . Your rights if you 're searched . Removing clothing. Extra rules for searches of children and vulnerable adults. In some circumstances officers may have been granted the power ( known as an s60 authorisation) to order you to remove a head or face covering

When protesting:

Before attending a protest, check who has organised the rally or event, and the law varies slightly across the different states.

Mr Murray said people should ensure that the protest they are attending in Queensland has been lawfully organized as this benefits both the protesters and police and should contact the event organiser before taking part.

"The [Queensland] Peaceful Assembly Act deals with how groups can apply to protest, and deals with the parameters of the protest, the location and the duration of the protest," he said.

"A lawful protest is a protest that occurs lawfully under an act and where that assembly occurs it is endorsed, and the police should be present to protect the people engaging in the protest."

He added that police can take steps they believe are reasonably necessary to prevent a breach of the peace or a public disturbance.

They can also take steps they consider necessary to suppress a riot.

In Victoria, the local council may require you hold a permit, but in NSW you do not need a permit although it is advisable.

In South Australia and the Northern Territory a protest in a public place has to be approved by police.

In the ACT, the Australian Federal Police and Parliament House security have to give approval, if you are protesting within the parliamentary triangle.

And in WA, a permit is required for a protest involving more than three people.

When being told to 'keep the noise down':

When it comes to loud noise, police have specific powers to deal with genuine complaints about loud noise.

If you are unreasonably making too much noise and it is affecting people in homes or nearby workplaces, the police may arrive on your doorstep.

Caxton Legal Centre note in Know Your Rights that if the police do arrive and give you a noise abatement direction, you must stop making noise immediately with the direction normally lasting for 96-hours.

Police can also enter a place without a warrant to give directions about a noise.

Hong Kong on 'brink of total breakdown,' police say .
A Hong Kong police spokesperson has described the city as being on the "brink of total breakdown" amid protests that have been ongoing for months. A Hong Kong police spokesperson has described the city as being on the "brink of total breakdown" amid protests that have been ongoing for months.

—   Share news in the SOC. Networks

Topical videos:

usr: 1
This is interesting!