Our rights as motorists

[flipfire]

Hi,

Police frequently prey on the naivety and ignorance of the average person towards the law. I was hoping we could create a list of what our rights are if we get pulled over.

Some of my queries:
1. Are we allowed to video tape the incident, and what if the police officer requests the camera is turned off?
2. Is the police allowed to search the car without the owners consent?
3. Are we allowed to remain within the vehicle if it is our choice, even after instructed to exit the vehicle?

If anyone knows of any laws which may be in our favor it would be appreciated if you posted it up.

Thanks

In NSW,

1) Generally, you can photograph/film police as much as you want in public space, as long as its not in a dangerous manner or hinder them in their duties. This probably wont go well in a car situation but personally I have a dashcam mounted on my car that pretty much records everything.

2) Yes they can search your car without consent, but always make it on the record that you do not consent or agree to the search.

3) No they will tell you to turn the ignition off and get out of the car and if necessary, cuff you for their own safety while executing a search.

[Rage King]

In NSW,

1) Generally, you can photograph/film police as much as you want in public space, as long as its not in a dangerous manner or hinder them in their duties. This probably wont go well in a car situation but personally I have a dashcam mounted on my car that pretty much records everything.

2) Yes they can search your car without consent, but always make it on the record that you do not consent or agree to the search.

3) No they will tell you to turn the ignition off and get out of the car and if necessary, cuff you for their own safety while executing a search.

good answers..
1) this is a great idea - how about cellphones that has recording abilities? - would you rather get a fine for using handheld phones?

2) The police now have the power to search any vehicle without your consent or warrants. This have changed dramatically due to the 9/11 attacks in the US and the Aust govt has changed the powers to search to literally no warrants required.

3) correct - its up to the officer if they feel your a threat to them (via person and vehicle history checks) and they may ask u to step out or stay in vehicle and put your keys on the roof of your vehicle even before they approach you.



makes me wanna be a cop now - i heard they are now in the recruiting stages!

[curtis265]

Why do they try to issue tickets so hard? Do they work on a commission basis, or does this only happen to motorists driving tuned cars? ie, would you be treated the same if you were pulled over in a stock Camry?

apparently not but it sounds to me like they do

I think they have a quota to meet to ensure they're doing their jobs

But yea in a nutshell ask for proof. With cops recording everything it works in your favour too, they have to behave courteously and professionally when conversing with you not like some condescending, power-trip bitch in big mans shoes.

this

if you wanna be a smartass to the guy then he's gonna try get you for something else. politeness gets you far




Funnily enough i was applying WOT through the backstreets on the way home once at 2am on a saturday night. The cops had followed me from the main road in and saw it, but they didn't do anything cos they didn't get a reading.. Just did a general licence check/ "is this your car" sorta thing

[bennjamin]

I'm just going to troll abit -

Personally - I have no hate for police. Yes I look white and don't drive a modified or "sterotypical" hoon car.
But I have before and never had issues as I don't do too much illegal stuff. It seems the same people that complain or always bring up something about how unfair it is / rights etc are generally hoons or can't help
Themselves on the road ?!

I would NEVER act smart in front of a copper - that is , try and record them or state I have rights etc. You aren't a African American in the mid 90's USA possibly fearing your life....


You will look like a douche and frankly will get attitude back and more trouble to begin with.

[Rage King]

^^i agree.

There was this time when i was a passenger in my uncles car (45+ yrs old) and he drives normally, never been fined for anything etc and his car is a stock holden commy,

Was pulled over randomly for RBT on a busy street, and ask my uncle who i was then the cops did a check on him ad was ok, but checked my history then started to search my uncles car all over bcoz i had a history of carrying knives when i was 13yrs old. Now that im over 35yrs wouldnt the cop think **** this kid has now grown up and has family etc..

Thats just my experience.. So the moral if ur a bad kunt it will hunt u for life.. Lol

[Beechy]

The simple break down of it all is highway patrols can do and say what ever they like its your word vs there's and they always win it's like when you get a defect yea it might be a legal mod but they dont care they will still issue you with the defect, its up to you to get it cleared and even if it dose pass they will keep doing you over and over no skin off there nose there all gronks and we all just have to live with it.

[EKVTIR-T]

In NSW,

1) Generally, you can photograph/film police as much as you want in public space, as long as its not in a dangerous manner or hinder them in their duties. This probably wont go well in a car situation but personally I have a dashcam mounted on my car that pretty much records everything.

Do you know if its legal to record the general public via dashcam while driving?

[connorling]

I would rather copy a speeding fine than defect. Admin speeding n get the cops off my back.

[curtis265]

I would rather copy a speeding fine than defect. Admin speeding n get the cops off my back.

the best answer is "i don't know, i wasn't eyeing my speedo"

followed by "i'd rather pay attention to the road than staring at my speedo to make sure i don't creep over" if you're daring

[eg5civic]

Ben, i didnt complain about being defected, i KNOW mycar was too low, had an unpadded steering wheel and wheels out the guards. But trying to bait someone to admit to speeding, when i was legitimately doing the speed limit then harrassing me that "he thinks i wasnt doing the speed limit" is the exact reason why we have speed cameras and why cops (or anyone for that matter) cant judge someones speed by eye.
Thats just being a dick.

Also when i got done for "speeding" coming into Moree (sp?) in NSW, i was overtaken by a 4WD he kept going the speed limit, saw HWP, mashed brakes, HWP turns round comes flying up my ass so i pull to the side to let him pass, car in front also pulls over, so i stop as well. HWP goes and talks to other guy, says he was doing 76 in 60k roadworks, and i think you were doing the same as you were not getting closer to him or further away. This was in the split second of him coming the other way at 60ks.
I told him no i was doing 60 (which i was) and he was being a dick, i asked to see a speed recorded on camera of my car at this speed, he said he didnt have one, asked for my license to run a check (as i was a p plater from qld) and he comes back with a fine and says to me "i suggest you take this to court" hands me the fine and walks off. Now if i had a recording of that ****wit (and i wish i did) i would of taken it to ACA.
This led to a long court process and me driving back to moree over 6 months later during the week to contest it in court, only to walk in and have the NSW police prosecutor tell me they have withdrawn from the case.

I Drove a 12 ****ING hour round trip cause some d!ckbag country cop had nothing better to do in his shithole country town, and the prick didnt even show up at the court that day.

So no, some of us have had bad encounters with police and i have no respect for them if they come across as a cocky prick because of the badge they wear. They are there to enforce the law, they are not the law or above the law.
Respect is a 2 way street and ill show as much as im given

[sensei_]

apparently not but it sounds to me like they do

I think they have a quota to meet to ensure they're doing their jobs

if you wanna be a smartass to the guy then he's gonna try get you for something else. politeness gets you far

They do have a quota to ensure that they are doing their jobs correctly. And by doing their job, they need to issue certain number of tickets. Hence why you always get dickhead officers who will try and ping you for anything regardless.

ive been pretty lucky with officers, as i dont drive like a hoon or a modded car (either drive a camry or legend), so i guess i slip under the radar.

[tripleuse]

Xclusive, I think there are no limitations in regards to when cops can legally issue a ticket.
To give you an example, I have a friend who was driving on the opposite side of the road when cops went passed. They pulled him over and fined him because in the cops professional judgement he "appeared" to be going 15km/h over the speed limit.
Now, I wasn't in the car but knowing my friend he probably was driving like an idiot and deserved it, but nonetheless this seems to be a ridiculous abuse of power. Lucky for my friend the cop made a mistake on the posted speed limit and had to cancel the ticket, so I don't know how this would have stood in court had my friend protested it.

they can do this, did your friend admit he was in the wrong? if he was to bring the matter to court, the police officer has to prove your friend was going over the speed limit. From the scenario you have told, the police officer has a weak case(UNLESS your friend admitted going over the speed limit) and most likely he would be let off.