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  1. #11
    Newcomer Array
    Join Date
    Sep 2012
    Location
    Sydney NSW
    Car:
    CRV
    Quote Originally Posted by spetz View Post
    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?
    Record what exactly? Whilst they are searching your car?
    Police can simply stop you for the purpose of conducting a roadside breath test, aka random breath test.

    2. Is the police allowed to search the car without the owners consent?
    Not sure which state your in? Police in NSW must adhere to the Law Enforcement Powers and Responsibiltiies Act 2002 (LEPRA) when exercising a power.

    They can search your vehicle with your consent, OR without your consent / warrant if they suspect on "reasonable" grounds that for e.g. your vehicle was used in the commission of an offence. A scenario may be your car matching the description of an armed robbery 15 minutes ago.

    For a complete list. See Section 36 LEPRA 2002

    3. Are we allowed to remain within the vehicle if it is our choice, even after instructed to exit the vehicle?
    If the police officer informs you the vehicle is going to be searched based on a reasonable suspicion as mentioned above... You must comply. If you don't comply expect reasonable force to be applied for the purpose of exercising their power.

    Hope that helps.
    Last edited by modify; 01-09-2012 at 09:30 AM.

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