18 Apr 2017

Cops are tops and all that, but the police can be pretty intimidating too. Generally, they hold a lot of power and people often feel like that have to do exactly what they say. But while it’s a no-brainer to treat police (and any stranger) with respect, we do have rights and it’s important to know those rights.

Here are some parts of the law that might come in handy next time you get pulled over or approached by some officers of the law.

Do I have to answer the officers’ questions?

You’re legally required to give them your name and address, but that’s about it, even if you’ve been arrested. If the police arrest you, it’s best not to say anything else until you can contact a lawyer or Legal Aid (which is free). If you don’t know what to say, it’s perfectly legal to just say, “no comment.” This is important because if you accidentally say the wrong thing, it can be used as evidence in court.

Can the police tell me to leave a public place?

It’s called a ‘move on’ and police can do it if you appear drunk, if they think you’re being anti-social, if you’re getting in the way of people/traffic or harassing people. However, if you’re part of an organised protest, you have the right to stay.

Can the police search me?

Pretty much. The police only need “suspicion” of stolen goods, drugs or weapons to search your person or your car. Suspicion is a pretty loose term, so it’s probably best to just cooperate, be polite and say very little. The police can also search you with sniffer dogs at public events and train stations.

How do searches work?

Females have to be searched by female officers and males by male officers. There are two types of searches: frisk searches and strip searches. Frisk searches happen in public places and an officer will pat you down or sometimes run a metal detector over your clothing. A strip search is when an officer takes you to a private place and asks you to remove some or all of your clothes. Strip searches can only happen in front of officers of the same sex and you’re legally allowed to have a parent or guardian present.

If the police ask me to go with them to the station, do I have to go?

You only have to go with them if they arrest you. You can ask them politely if you’re under arrest and if not, then you don’t have to go.

Can the police confiscate my stuff?

If police suspect something is stolen, dangerous or an illegal drug, they can take it. The same goes if you’re underage and in possession of alcohol and cigarettes.

Can the police use force to arrest me?

Yeah, they can use as much force as they need to arrest you, which could get pretty gnarly pretty quick. If you do get arrested, it’s best to just cooperate, even if you haven’t done anything wrong. If you want to complain, it’s best to do it later, rather than on the spot.

*The above advice is based on the law in NSW. For other states, check out Lawstuff.