What are your rights in a police search?

The number of strip searches conducted by NSW police has increased 20-fold in the past decade. General police searches (not strip searches) are also on the rise and can occur in a variety of settings, from music festivals to train stations or just walking down the street.
What are your rights to refuse a search? How much can a police officer ask you to do or reveal? And what are the rules around searching?
Know your rights in the Australian context with this video by LSJ featuring journalist Kate Allman and lawyers Andrew Tiedt and Samantha Lee.

[@jordanthomas4379]

Never ever consent to a search of any kind and under any circumstances

[@williamclelland5974]

why

[@lennyg7771]

@@williamclelland5974 because it can be argued in court you have given consent to the search. Simply say "I do not consent to this search" . Even if the search is lawful, there is no harm in not giving your consent. Never, physically interfere or resist. Argue your case in the court.

[@davespanksalot8413]

Lenny G has great advice! Always politely do what they tell you but make it clear you are not giving your consent. And just as importantly DO NOT SAY ANYTHING!! Unless you are a criminal lawyer you aren't qualified to answer questions, because even the most innocuous answers giveg can bite you in the arse and end up attracting further charges (cops love charge stacking). Like Lenny said - let the lawyers and judge/magistrate sort out the technicalities because whatever you think you know about the law will invariably be wrong.

[@michaelkeary8377]

Correct 👍🏻

[@themarvelboys1846]

[One suspects Many Things but is often told im entitled to my own errrrh Beleifs? Hmmmmm..strange. They almost mean the same thing aye?]

[@dannyboy4546]

Seems like Australian citizens have no rights to refuse an unwarranted search as refusal to do so could result in further charges. The laws are written to give the police the right to decide if it is warranted vs verbally detailing their evidence of suspicion. I don’t consent is your best answer - as they may back off.

[@DeGuerre]

I have news for you. It doesn't matter where in the world you live. If the police are determined to search you, even if it's highly illegal, you really can't stop it. You can only fight it. The good news is that in Australia, police officers are more likely to be reprimanded if they did something illegal.

[@wyattfamily8997]

@@DeGuerre Gee, a "reprimand" I'm sure that woud worry them, hahahahaha.

[@DeGuerre]

@@wyattfamily8997By "reprimand", I do mean "prosecution". You also have to remember that most places in the world don't have city police forces, which means higher quality control and less opportunity for re-employment if you get fired.

[@amandawilliams8839]

Australian tax pay for police misconduct. Not better here just ignored heads in sand.

[@timothyevans7383]

First thing to do is get Your cameras out and start filming...

[@garyrose9805]

What is the punishment for unreasonable searches? Where in the situation that a police officer formulates a reasonable suspicion and then during the said search finds nothing are there punishments or even reporting about it? If they ask to search you you don’t consent, they then search you under “reasonable suspicion” find nothing what’s to stop them doing it again later or the next day? At what point do continuous searches of the same person become no longer reasonable? All police use iPads to record their interactions with people so they can tell when you where searched so when do police need to justify the searches? I’ve been held on the road side for hours being searched based on reasonable suspicion due to the area and time of night! If articulated at all they state there has been a lot of break ins and drug or criminal activity in this area. They are not required to justify this or even narrow it down to a criminal type [ such as we are searching for weapons or stolen property or drugs ] not hey just state all of them then search so are these searches lodged and counted are there reasons given for the search and why? Because for the target being deprived of liberty for an hour constantly this is not reasonable but if it’s not recorded then it’s only the police deciding if it’s necessary, and they can just do it again and again till they find something then state eureka now it’s reasonable! If being in an area over and over again is justifiable and previous drug convictions are justifiable then previous unreasonable searches should be able to prevent them, or at least allow the citizens rights to force police to now require more specifically articulated grounds to then search again! That would be reasonable wouldn’t it? But the victim of the search only gets to be released if nothings found and arrested if something is! What about accountability by police to be better!

[@pedohunter5117]

It is not worth going to court. You have to report it first, then get a lawyer, only to lose in court, as the cop will state you fit a description of some type. So, they can even strip search any person they want at any time.

[@whatdoiknowsmith]

Time and area are not reasonable excuses for a search. You can take them to civil court for these unreasonable searches. Civil rights. Policing is done by consent. Remove consent and police can't touch you. Bill Turner on KZbin is a good source of information.

[@whatdoiknowsmith]

And dont answer questions. Most important. Nothing, nada, zip zero. Repeat, i don't answer questions!!!

[@dragan3290]

In the past i was getting pulled over and my hilux was searched for weapons and drugs! All because I answered when they saw my license that i was Yugoslav? The cop immediately asked what part ? Because Yugoslavia doesn't exist. When i said: Serbian? They immediately said : we have to search your car for drugs and guns! Eventually i told a detective. Then i reported racism, targeting me on a weekly basis. One cop pulled me over because I look like an arab! I said: why did you pull me over? Is it my crappy car or do i look like a terrorist? He apologised. But afyer filing a complaint saying i was suffering from anxiety and depression., i was asked if i wanted to take it further and press charges? I told them i just want to stop being harassed! I haven't been pulled over since! I should have pressed charges but im glad i saw your video. Cheers 👍

[@davespanksalot8413]

One tip if you're going to a music festival with sniffer dogs is to fill all available pockets with dog food, sausages and chicken nuggets for when you go past the dogs. And when you show them your pockets make sure to pile it all up in front of and around the police dog. After all police dogs are the most honest, hard working and ethical of all the police officers and deserve nice things during long work days... This action is also known as being the designated distraction 😁 Alternatively you can find and befriend one of the officers who's a massive cokehead and you get free passes for a range of questionable activities. This is known as finding a personal Roger Rogerson.

[@michaelkeary8377]

🤣

[@Dudesunperfect]

Lol the dogs 99% of the time will disregard the food. And they will just keep sniffing you. More of a headache unless your a decoy I guess and just have residue on you to trigger the original aspect of the dogs… could work I guess and be a laugh to piss off the cops.

[@davespanksalot8413]

@@Dudesunperfect This is where I got the idea, so decide for yourself 😁 kzbin.info/www/bejne/h6bHgGtufNekf5I

[@davespanksalot8413]

kzbin.info/www/bejne/h6bHgGtufNekf5I

[@sampsonsunny6298]

Welcome to the NSW penal colony. The law society is such a failure to the convicts here.

[@patriciane3551]

As a former uk PW for 5 years and my first impression of Oz Police within a week of arriving here I was horrified at them being armed and how they treated people even with a simple information request. 53 years on Im still not impressed and wonder are they hand picked for their natural attitude or is it something they get training in. Until this country gets the chip off it shoulder about it beginnings and the law system moves to a more equable one influenced by law and not corruption it will just continue until people start tot take an interest in their human and lawful rights as living beings.

[@user-eq9vt4uh9g]

Agree 👍💯 from Sydney Australia 🦘🌏

[@davespanksalot8413]

I thought the NSW police were only allowed to strip search unaccompanied children, especially aboriginal kids? And 16 year old girls in the open at music festivals...

[@dictatordan3562]

That’s no LAW at all

[@hughiedavies6069]

Thanks for your information.

[@dropbear9526]

Better Info kzbin.info/www/bejne/eKnJZGtmfNqgq68

[@russpearson9802]

Please explain. QUOTE, "The australian government" IS NOT THE LAWFUL GOVERNMENT under the crown, and therefore ALL EDICTS so pronounced by that CORPORATION,- ARE CONTRACTS that may be accepted or rejected by citizens of the crown. (Q c Neeting. Furthermore Sir Harry Talbot, ex supreme court judge stated I have come to the conclusion, that the current legal and political system in australia and its states and territories, HAS NO BASIS IN LAW. seems there are some major discrepancies as to what is lawful under the constitutional and case law, compared to what is practised by corrupt police and the judiciary, under these corrupt revenue raising corporate statute laws.

[@rhyssanders9122]

That letter from Talbot was faked, and obviously so - legislation is law. Saying that the aus govt is a corporation and any dealings and edicts are contracts therefore rejectable is ridiculous. That means you could reject a murder charge if you wanted to.

[@russpearson9802]

​@@rhyssanders9122yu can show proof of that the letter was fake i take it, yu can put that up for all of us then aye, give yu a chance to school us aye bro. As for the murder charge even under commonlaw its murder. Right or wrong

[@shadowaussien7743]

Australia is the only common law country with neither a constitutional nor federal legislative bill of rights to protect its citizens, although there is ongoing debate in many of Australia's states. Australian government dictates our freedom by taking our fundamental freedoms and rights for granted, without a bill of rights the government could call for Volentueer service to fight in Ukraine or Taiwan if and when world war 3 starts, allying with United States and NATO would me automatic services as our army defence is not compatible and falls short if Australia is attacked and United States does not have enough to defend Australia. Australian people can't rely on other countries and we can't rely on our government for passing hidden laws without a referdium. The charter or Human rights can be change without the offical. Knowledge of Australians, not every Australian knows the laws and in schools it isn't Taught, the basic principles of human rights isn't enough to protect their citizens against government abuse and neglect of freedom of Speech, privacy and information. The government make decision without concent why does Australian government follow the British rule and United States. Australia needs to be independent. France, Norway, New Zealand, Canada, South Africa, United States of Amercia, Philippines, India etc. Australian voting has been Limited, it will Continue for generations unless people stand up for their rights. Rights and Protections Guaranteed in the Bill of Rights Freedom of speech. Freedom of the press. Freedom of religion. Freedom of assembly.

[@andrewkerr5296]

Australia does have a Bill Of Rights

[@gandalfthegrey2171]

The thing is that if we wrote a bill of rights now, it would probably restrict our rights more than it would protect them :(

[@johnaashmore]

"If they think" she said. No! "reasonable suspicion" the guy says. Why are you giving us two conflicting versions?

[@user-lc1cf3hf9l]

Get your phone out and record the police....say nothing....

[@willianmccormack6937]

So much wrong and misleading information from a so called respected institution,.

[@SuperMichelleDJ]

I don't consent to being interviewed or physically searched and I will not answer any questions. Thank you very much and goodbye.

[@johnnygohome468]

i got strip searched right in front of an rsl that was open and full of people. they then stole from me. they took something sentimental from me and lost it then threatened me when I kept asking for it back

[@amandawilliams8839]

lower than low police. more if us, sometime soon...

[@pauln2716]

"It's still best to follow their instructions, even if you don't agree, otherwise you might risk being charged with other offences." ...How can you be charged for other offences if you haven't committed any offences??

[@user-gf6ln1mj5h]

GET YOUR PHONE OUT AND RECORD EVERYTHING......

[@mikayla-janerivers60]

Was this made by the government?! Key words people "they can ask" meaning you can say NO

[@cheech1jay]

If they cannot articulate a crime you are suspected of committing or have committed... DO NOT GIVE ANY INFORMATION...tell them to kick rocks

[@James-yx1bh]

🧚‍♂️Thanks✌😇👍

[@17_73]

The huge problem with the information provided regarding police searches is if police ignore the legal threshold and search without a shred of suspicion that a person maybe in possession of a weapon or drugs there is no one to stop them. There is no solicitor standing next to you and no other police officer will intervene you could try sueing ut tbat is a dead end because unless you have independant witnesses. You are stuffed so it is great to talk theoretical what ifs and maybes but reality is police will do as they want legally or illegally and there is nothing you can do. That is the truth the whole truth and nothing but the truth.

[@blackdog417]

Exactly what authority do police have seeing they were legislated in 1986. Upholding rules and regulations of corporate entities is not law. Also they are registered in the US. Qld police recorded sales of 600 million in 2017. Exactly what are they selling.

[@brucejohnston3521]

take civil action against police

[@richardlove4287]

I wouldn’t trust the cops as far as I could spit after what they have done over the last few years. The sooner they have less power the better.

[@lizanne6187]

Get your gob adjusted,

[@wyattfamily8997]

It seems that Australia is still a Penal Colony.

[@10thletter40]

Not anymore :> you have no rights

[@dropbear9526]

You're a real help. Maybe you should learn the law before offering bad advice. Start off by getting yourself a copy of the 1901 Aust Constitution. That is the law. For starters. A constitutionally legal search warrant. Has to be sighed by a groups of your peers. No single person can sigh a search warrant. You DO NOT HAVE TO ANSWER TO THE LAW. UNLESS YOU BREAK THE LAW. NO VICTIM = NO CRIME. You have the right to travel freely. Unless you break the law. It's illegal for a cop to even stop you. RBT for example. You haven't broken the law, and you don't have to prove you are innocent. They are not allowed to stop you for a RBT, or a license check. You DID NOT BREAK THE LAW. They can suspect all they want. they need proof. They've impleaded on your right to travel freely, they've broken the law. Not you!

[@climber222]

Right on 👍

[@Tony-ns4rn]

But also the Justice system is corrupt

[@sergeant5848]

You are 100% deluded on RBT and police stopping powers. This Australia, not America.

[@redwolf7929]

And forward we march towards fascism

[@colinclenton7693]

Just do as you are told and it will save you from getting a well deserved clip across the ears.

[@amandawilliams8839]

told by some deficient excuse for a human being.

[@amandawilliams8839]

what is a good estimate when large demographics of the general population will rise against police forces?

[@user-eq9vt4uh9g]

I am an Aboriginal i get pulled up for a search i was provoked react arrested for assault police that harrarresment Because of my skin colour.

[@sergeant5848]

Enough of the race card bullshit. More to do with your attitude than skin colour.

[@AndreRosario-zm8pf]

4th Amendment. Always

[@AllanKendall-ek5ow]

In.Qld.your.better.off.being.polite..

[@climber222]

This is ridiculous and misleading, unless you have committed a crime there is no grounds to infinge on your sovereign rights. A living man and woman live by constitutional lore of the land not by this maritime law propaganda speal. The law society... what a joke

[@chriskaradimos9394]

this video is full of crap

[@shubbz87]

So weak.

[@donnykiofetzis5775]

this bird is so hot

[@patriciane3551]

you are joking

[@davespanksalot8413]

🤣 your comment was such a non sequitur I actually did laugh out loud! And yes, she is very attractive.

[@whatdoiknowsmith]

Remember, policing is done under consent. They get this consent through your licence. Sign an affidavit and remove consent and send it to your local court. This removes you from the legal system and enters you into the lawful one.

[@rhyssanders9122]

Thats the dumbest thing ever. Signing an affidavit doesnt remove you from the legal system lol

[@whatdoiknowsmith]

This is not true about strip searches, they are illegal. See a civil rights solicitor if this happens. And ask why they want to search you. Just being in an area of high drug traffickers is not a reasonable excuse. Neither is time of day. Your here at four in the morning is not a reasonable excuse to search you. Know your rights or lose them

[@stormlah]

a reasonable suspisicion? yeh something the cops abuse time and time again, what a patronising crock of shit