The right to silence
If you are suspected of having committed a criminal offence, you have a right to silence.
You are under no obligation to talk to the police; you should always assume that whatever you say is being recorded and will be used against you in Court.
Self serving statements are generally inadmissible in evidence.
Be polite to the police, but inform them at the earliest opportunity that you do not wish to participate in a record of interview.
Exercise your right to silence and call our Rijald Hadzalic immediately on 0475 036 002.
Searching your vehicle
Police have the power to search a vehicle if they reasonably suspect that it is being used by, or in possession of a participant in a criminal organisation.
They also have a power to search a vehicle without a warrant if they reasonably suspect that it contains weapons, firearms, stolen property, dangerous drugs or evidence of the commission of an offence.
Often, Police will fall short of having a "reasonable suspicion" and will seek the occupant's consent.
You do not have to consent to a search of your vehicle. You should make it very clear that you do not consent to a search of your vehicle as consent may be implied in some circumstances.
What you must tell Police
A Police Officer can only require that you give them your name and address if:
they find you committing an offence;
reasonably suspect you have committed an offence;
reasonably suspect you are a participant in a criminal organisation;
reasonably suspects that you may be a witness;
You are not required to give them your date of birth, or your mobile telephone number.
You do not have to answer any question, aside from stating your name and address where a prescribed circumstance exists.
Disclaimer: The content of this website is only intended to provide a short summary of topics of interest. It is not comprehensive and does not constitute legal advice. You should seek legal advice before acting on or relying on any of the content