Police Searcing Your Car

[snooch]

I'm really interested to know if anyone can clarify what exactly your rights are if the cops pull you over and then ask to search your car.

I found this online, but it doesn't quite answer my query.

I was under the impression that the cops had to have "reasonable" grounds to search your car. Is this true or not?

For example, if you are pulled over for speeding, unlicenced driving, wrong rego etc, is this "reasonable" cause for them to search your car?? Any other advice on what to do when you are pulled over would also be appreciated..

 

If an officer has reason to believe you're armed, dangerous, or involved in criminal activity, the officer can frisk you. If the officer has probable cause (a reasonable basis to believe that you or your passengers are involved in criminal activity), then the officer can search your car. Even if the officer doesn't initially have probable cause, if during the stop the officer sees something in "plain view" (out in the open), then the officer is allowed to inspect it and any other objects the officer comes across can be legally seized as well. Common examples of items in plain view are open beer cans, wine bottles and drug paraphernalia.

 

http://public.findlaw.com/traffic-ticket-violation-law/traffic-stop-searches/traffic-stop-do-list.html

[jaikai]

That quote sounds about reasonable you`d spose... It`s a generalization, obviously.

 

Everyone gets pulled up at some time...Ya done nothing wrong, ya got nothing to hide. A quick license check aint much of a hassle...

 

Best advice for the last bit would be to say nothin`, let `em look... Chances are if they`re gonna ask, they`re gonna do it anyways...

 

JAIKAI

[loylty gets u nothing]

hey snooch

i think u will find that info is more for america

here in australia suspision is enuff to search

i am on a list that earch my car almost every time im stopped

there is fuck all i can do about it

ive spoken to solicitorsd about harrasment etc

but he says all they have to say is is they are performing there duty

all the best

bil

[Burnz]

Yea mate suspicion of drugs or weapons is all they need for a search.. I get searched whenever I get seen down here.. Fuck I hate small towns.

[grace]

I'm really interested to know if anyone can clarify what exactly your rights are if the cops pull you over and then ask to search your car.

 

Hi Snooch:)

 

The link you provided was from the US but still contained some useful information on what to do and what not to do if your vehicle is pulled over by police and may still be be relevant here.

 

http://public.findla...op-do-list.html

 

In Australia each state has it's own legislation in relation to search of motor vehicles without a warrant and under prescribed circumstances.

 

For example in Queensland see:

POLICE POWERS AND RESPONSIBILITIES ACT 2000

 

http://www.austlii.edu.au/au/legis/qld/consol_act/ppara2000365/

 

Part 2--Searching persons, vehicles and places without warrant

 

Section 31 SEARCHING VEHICLES WITHOUT WARRANT

 

http://www.austlii.edu.au/au/legis/qld/consol_act/ppara2000365/s31.html

 

Section 32 PRESCRIBED CIRCUMSTANCES FOR SEARCHING VEHICLE WITHOUT A WARRANT

 

http://www.austlii.edu.au/au/legis/qld/consol_act/ppara2000365/s32.html

 

 

 

 

CHAPTER 3--POWERS RELATING TO VEHICLES AND TRAFFIC

 

See sections 54-68

 

Secttion 60 Stopping vehicles for prescribed purposes

 

http://www.austlii.edu.au/au/legis/qld/consol_act/ppara2000365/s60.html

 

(1) A police officer may require the person in control of a vehicle, other than a train or a vehicle being pulled by an animal, to stop the vehicle for a prescribed purpose.

 

(2) The person must comply with the requirement, unless the person has a reasonable excuse.

 

Maximum penalty--

(a) for a private vehicle--60 penalty units; or

for another vehicle--120 penalty units.

 

Example of a reasonable excuse for subsection(2)

 

It is a reasonable excuse for a person not to comply with a requirement if--

 

(a) the person reasonably believes that to immediately comply would endanger the person or someone else; and

 

the person complies with the requirement at the first reasonable opportunity.

 

(3) The prescribed purposes are as follows--

 

(a) for enforcing a transport Act;

 

to check whether the vehicle or person is complying with a transport Act;

 

© for monitoring or enforcing a liquor provision;

 

(d) for enforcing a contravention of law involving putting, dropping and leaving litter on a public place from a vehicle;

 

(e) to conduct a breath test or saliva test;

 

(f) to investigate the emission of excessive noise from--

(i) a motor vehicle on a road or in a public place; or

(ii) a motorbike being driven on a place other than a road;

 

(g) to give a noise abatement direction to the person responsible for the emission of excessive noise from--

(i) a motor vehicle on a road or in a public place; or

(ii) a motorbike being driven on a place other than a road;

 

(h) to impound a motor vehicle under chapter 4;

 

(i) for enforcing the Tobacco and Other Smoking Products Act 1998, section 26VC.

 

(4)For monitoring or enforcing a liquor provision, the police officer may exercise any of the following powers if the officer reasonably suspects the exercise of the power may be effective for the purpose--

 

(a) enter the vehicle and remain in it for the time reasonably necessary for the purpose;

 

search the vehicle and anything in it;

 

© inspect, measure, test, photograph or film the vehicle or anything in it;

 

(d) take samples of anything in or on the vehicle;

 

(e) seize anything the officer reasonably suspects is evidence of the commission of an offence against a liquor provision;

 

(f) copy a document in the vehicle;

 

(g) move the vehicle's load.

 

(5) For conducting a breath test or saliva test, the police officer may enter the vehicle and remain in it for the time reasonably necessary for the purpose.

 

Examples for subsection (5)

 

1 The police officer may hold a breath or saliva testing device in or through an open window of a car so the driver can provide a specimen of breath or saliva.

 

2 The police officer may board a boat so the driver of the boat can provide a specimen of breath or saliva.

 

[Burnz]

2 The police officer may board a boat so the driver of the boat can provide a specimen of breath or saliva.

 

Not sure about the rest of Aust,But I know in WA police CANT force you to do a breath test if you are the driver of a boat. They can ask you to do one, but CANNOT force you, So if you're ever in WA, and pissed driving a boat, dont give a breath test

[Free Wheelin Franklin]

Not sure man but I once go pulled over for speeding and I had a pound in an esky, lucky for me I didn't get searched by the filth.

[snooch]

Hi Snooch:)

 

The link you provided was from the US but still contained some useful information on what to do and what not to do if your vehicle is pulled over by police and may still be be relevant here.

 

http://public.findla...op-do-list.html

 

In Australia each state has it's own legislation in relation to search of motor vehicles without a warrant and under prescribed circumstances.

 

For example in Queensland see:

POLICE POWERS AND RESPONSIBILITIES ACT 2000

 

http://www.austlii.edu.au/au/legis/qld/consol_act/ppara2000365/

 

Part 2--Searching persons, vehicles and places without warrant

 

Section 31 SEARCHING VEHICLES WITHOUT WARRANT

 

http://www.austlii.edu.au/au/legis/qld/consol_act/ppara2000365/s31.html

 

Section 32 PRESCRIBED CIRCUMSTANCES FOR SEARCHING VEHICLE WITHOUT A WARRANT

 

http://www.austlii.edu.au/au/legis/qld/consol_act/ppara2000365/s32.html

 

 

 

 

CHAPTER 3--POWERS RELATING TO VEHICLES AND TRAFFIC

 

See sections 54-68

 

Secttion 60 Stopping vehicles for prescribed purposes

 

http://www.austlii.edu.au/au/legis/qld/consol_act/ppara2000365/s60.html

 

(1) A police officer may require the person in control of a vehicle, other than a train or a vehicle being pulled by an animal, to stop the vehicle for a prescribed purpose.

 

(2) The person must comply with the requirement, unless the person has a reasonable excuse.

 

Maximum penalty--

(a) for a private vehicle--60 penalty units; or

for another vehicle--120 penalty units.

 

Example of a reasonable excuse for subsection(2)

 

It is a reasonable excuse for a person not to comply with a requirement if--

 

(a) the person reasonably believes that to immediately comply would endanger the person or someone else; and

 

the person complies with the requirement at the first reasonable opportunity.

 

(3) The prescribed purposes are as follows--

 

(a) for enforcing a transport Act;

 

to check whether the vehicle or person is complying with a transport Act;

 

© for monitoring or enforcing a liquor provision;

 

(d) for enforcing a contravention of law involving putting, dropping and leaving litter on a public place from a vehicle;

 

(e) to conduct a breath test or saliva test;

 

(f) to investigate the emission of excessive noise from--

(i) a motor vehicle on a road or in a public place; or

(ii) a motorbike being driven on a place other than a road;

 

(g) to give a noise abatement direction to the person responsible for the emission of excessive noise from--

(i) a motor vehicle on a road or in a public place; or

(ii) a motorbike being driven on a place other than a road;

 

(h) to impound a motor vehicle under chapter 4;

 

(i) for enforcing the Tobacco and Other Smoking Products Act 1998, section 26VC.

 

(4)For monitoring or enforcing a liquor provision, the police officer may exercise any of the following powers if the officer reasonably suspects the exercise of the power may be effective for the purpose--

 

(a) enter the vehicle and remain in it for the time reasonably necessary for the purpose;

 

search the vehicle and anything in it;

 

© inspect, measure, test, photograph or film the vehicle or anything in it;

 

(d) take samples of anything in or on the vehicle;

 

(e) seize anything the officer reasonably suspects is evidence of the commission of an offence against a liquor provision;

 

(f) copy a document in the vehicle;

 

(g) move the vehicle's load.

 

(5) For conducting a breath test or saliva test, the police officer may enter the vehicle and remain in it for the time reasonably necessary for the purpose.

 

Examples for subsection (5)

 

1 The police officer may hold a breath or saliva testing device in or through an open window of a car so the driver can provide a specimen of breath or saliva.

 

2 The police officer may board a boat so the driver of the boat can provide a specimen of breath or saliva.

 

 

Cheers for the links Grace

I didn't realise my link was from the US but it was pretty late last night when I was doing my searching

[Budd Greenleef]

Yea mate suspicion of drugs or weapons is all they need for a search.. I get searched whenever I get seen down here.. Fuck I hate small towns.

 

Yeah - and nowadays the cops know what it looks and smells like. Not like in the early 70's when a friend of mine got a packet of incense confiscated because it looked and smelled suspicious.

[qaz]

You are not a citizen but a subject of the commonwealth, you have no rights. I have been told by a cop that if they pull you over for a "random" traffic stop and they believe that you are carrying drugs, they will just hold you there and put a call in for the dog to come have a sniff of your vehicle.