Our rights as motorists

**modify** · 01-09-2012 09:27 AM

Originally Posted by spetz

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.

**GU357** · 01-09-2012 10:32 AM

you would think that the answer has already been posted after like 8 pages of this thread, but ppl still post aha.

**modify** · 01-09-2012 10:53 AM

Originally Posted by GU357

you would think that the answer has already been posted after like 8 pages of this thread, but ppl still post aha.

Yeah funny enough you would think that hey... but having skimmed through all 8 pages, all I see is discussion re: personal stories, rough female coppers and then car camera's.

People still post because the answer hasn't been addressed. I've given a detailed response highlighting actual NSW law legislation VS "my brother told me this...."

Ha!

Next time a cop pulls you over, tell them "You can't ask me to get out of the car, coz someone said you have no right to".

**sensei_** · 01-09-2012 11:19 AM

Originally Posted by spetz

Sensei I would be somewhat interested, but a bit later.
The issue is it may become a target for theft

It can be hidden pretty well behind the rear view. If you wanted to go one better, I was thinking of making something like a sock with the holes in the right places to go over the car camera. should disguise it abit and make it all cute. like some people with those angry birds or snoopy plush toys on the dash.

Originally Posted by GU357

what price are you getting them at?

still in talks with my contact. im hoping to get the camera for like under $190 standalone, and for those who need it the power magic pro power management for under $30

not a huge saving, but hopefully the more people i get onboard, the better it can be. if there is enough interest (and its allowed) i can start a thread for interest checks.

**curtis265** · 01-09-2012 01:22 PM

Originally Posted by sensei_

It can be hidden pretty well behind the rear view. If you wanted to go one better, I was thinking of making something like a sock with the holes in the right places to go over the car camera. should disguise it abit and make it all cute. like some people with those angry birds or snoopy plush toys on the dash.

still in talks with my contact. im hoping to get the camera for like under $190 standalone, and for those who need it the power magic pro power management for under $30

not a huge saving, but hopefully the more people i get onboard, the better it can be. if there is enough interest (and its allowed) i can start a thread for interest checks.

I'm quite keen, will think about it more

also is thaat what you do with your socks? lol

**GU357** · 01-09-2012 02:12 PM

Originally Posted by modify

Yeah funny enough you would think that hey... but having skimmed through all 8 pages, all I see is discussion re: personal stories, rough female coppers and then car camera's.

People still post because the answer hasn't been addressed. I've given a detailed response highlighting actual NSW law legislation VS "my brother told me this...."

Ha!

Next time a cop pulls you over, tell them "You can't ask me to get out of the car, coz someone said you have no right to".

so when he does pull me over im gonna say, according to modify on the ozhonda forums he says you must have cause.
sounds just as iffy, doesnt matter. its already been adressed, on page 1 and 2 n that.

*vtec-screamer · 01-09-2012 04:17 PM

Originally Posted by DakDak

I saw this chick copper chase this suspect down, as she ran past me she stacked it hard. Face planted.

I heard that distinct THUD.

Gets back up keeps running past me

LOLOLOL

did she run past you twice? lol

**Lukey** · 01-09-2012 04:56 PM

i got a 38mm spanner next to my seat

what

**DakDak** · 01-09-2012 06:31 PM

Originally Posted by *vtec-screamer

did she run past you twice? lol

Nah picture this. Some fat guy is running for his life and guns it past you. Your eyes are fixed on him as he runs past.

Your facing the direction his running. THEN YOU HEAR.

"STOP"

You spin around and see a copper coming from the same direction. As she gets pretty much next too you as she's sprinting past, she slips on a magic, invisible, banana skin.

THUD!!!!!!!!!!!
Face first.

I ROAR in a fit of laughter.

Instantaneously gets back up and keeps running as if it just did not happen.

**Bayani** · 01-09-2012 06:51 PM

For NSW:

You can record them.

I would recommend that if you do, you inform them immediately after they inform you of any recording they may be doing.

These devices are not subject to the conditions set out in Section 7.1a of the Surveillance Act, so long they satisfy stipulations in Section 7.2 or 7.3.

I point out in particular Section 7.2d (if you are refusing a search) or Section 7.3a (if you inform them that you are recording) or 7.3b (if the device is there for the reasonable protection of your lawful interest).

I will be defending my possession with Section 7.3b as mine is a crash camera; though will use 7.3a when interviewed for any offence I may be pulled over and questioned about.

My concern is accidents and road rage -- not the police.

Read this on recording policy: http://www.police.nsw.gov.au/__data/..._2011_Comp.pdf

And this for the actual legislation:

http://www.legislation.nsw.gov.au/se...%20No%2064.pdf

Okay.
So, Next question?