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Being Arrested

Last post 03-23-2017 05:52 PM by INMA. 1 replies.
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  • 03-23-2017 09:56 AM

    Being Arrested

    Hi all.  Good to see a Judge prepared to rule correctly on what the law is actually designed to do, rather than the way Police want it to be.  The key to arrest is always what’s in the mind of the person police are dealing with – not what the police are trying to achieve.  Police actually have the power to arrest people based upon suspicion only but unless (as the article explains quite well) that suspicion is REASONABLE under the circumstances, they have no power to arrest (unless some other piece of legislation provides such a power).

     

    Another good example are the episodes where riders have been detained for extended periods of time under the pretext of breath testing, only to be told to wait around until EPA testing happens on their exhausts or whatever.  Breath testing is one of the very few random powers that police have and even when used, the breath test is required to be conducted as soon as is reasonable or putting it another way, it shouldn’t happen that a rider is pulled over for a breath test and then told to wait somewhere for 15 mins until police get to it.  They do not have the power to detain/arrest in such an instance.  That would be unreasonable and it can’t be made reasonable just because police are busy trying to deal with a dozen or so riders at once.  If such a rider is pulled over and told to wait and waits for a few minutes and then asks what is going and is told to shut up and keep waiting, the rider is perfectly entitled to simply ride off because unless the rider is told by police why they are under arrest, there IS NO ARREST.

     

    The other piece of ‘bluff’ police often try (as you can see and hear in the video clip) is that they say that you are NOT under arrest but you can’t go because you are being “detained” only while they make certain checks.  WRONG!  Police have very limited powers ( extending usually only to the Drug Misuse and Trafficking Act & also where reasonable suspicion exists that someone has possession of something stolen or otherwise unlawfully obtained) to just detain people and in strict legal consideration, a ‘detention’ is still classed as an arrest (the only distinction is that the arrest is not for the purpose of conveyance but rather to conduct a search).

     

    Always important to know your rights when it comes to police interaction and the example you see in the video is quite a common occurrence either where police get it wrong or worse, they prey on the fact that most people will simply go along with what they say/do because they’re the police!

     

     

    Regards

    Peter Ivanoff

     

    From: Delegates [mailto:delegates-bounces@lists.mccofnsw.org.au] On Behalf Of Justin Dorward
    Sent: Wednesday, March 22, 2017 9:21 AM

    Received from the NSW Motorcycle Council --Interesting

    riding for fun
  • 03-23-2017 05:52 PM In reply to

    • INMA
    • Top 50 Contributor
    • Joined on 03-19-2009
    • Posts 809

    Re: Being Arrested

    What video?

    In mylimited experience Police are too lazy to do anymore work than their minimum.

    That oftenresults in inocent people paying thousands of dollars for solicitors and baristers to sort out insignificant details that should have been resolved by the police officer in the first place.

    I have never been personally inconvienience by a Police officer but I've been around long enough to know our legal system is stuffed.

    I like the French system where criminal matters are dealt with by the Magistrate who is the investigator with staff to get the facts. Less overheadsfor te people involved and one smart person running the whole case.

    The Police don't get paid to care so is it any surprise when they make it difficult for someone who is a niuisance.

    Anytime you end up in court, you've already lost.

     

    2001 Yamaha Zuma, DR Evo 68 cylinder, Leo Vince TT derestricted, Delorto 17.5 (#98 jet), standard aircleaner, RMS fan, Race CDI, Standard oiler and premix @ 75:1 Shell SX2, Doppler SR3 variator, RMS clutch, RMS R rear shock absorber and Pirelli SL26 tyres.
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