Police can enter private property, the police are permitted to come as far as the front door without invitation, like anybody else, but once it is made clear that they are not welcome then they must retreat to the outer boundaries of your property.
If the police suspect your mobile phone holds evidence to a crime, they can apply to a magistrate for an order pursuant to section 3LA of the Crimes Act 1914 (Cth). The order will stipulate that you must disclose the mobile phones password. Any failure to comply with the order will have consequences.
Giving your name and address. The police do not have the right to demand your name or address without a reason. Generally, a police officer can only ask you to give your name and address if they believe you: have committed an offence.
A police officer usually needs a warrant to enter and search private property, such as your home. The officer may do a search without a warrant when: you let them in.
The statement, which even many Australians will know off by heart, essentially reads as follows: "You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be appointed for you."
Australia has no constitutional protection for the right to silence, but it is broadly recognized by State and Federal Crimes Acts and Codes and is regarded by the courts as an important common law right and a part of the privilege against self-incrimination.
Do I Have a Right to Silence While Being Arrested in NSW, Australia? While Australian police officers are not obligated to recite the Miranda Rights, nor does Australia even have a comparable version of them, Australians do have a fundamental legal right to silence.
Trespass. The law of trespass is available to anyone who is an 'occupier' – not just to the owner of the property. Under the law of trespass, if someone enters the property without permission you can ask them to leave. If they refuse to go when asked, they are trespassing and you can use reasonable force to remove them ...
The Bottom Line:
Warrants can let you go ahead. However, there are still ways in which you can be detained for investigation by TSA or police. If you come into any suspected check with security agencies at the airport, they'll likely detain you for further apprehension to dive deep into your previous history.
Reasonable force means enough physical force to arrest you, but no more. A police officer can only use physical force if they had a right to arrest you to begin with. Under section 464I of the Crimes Act 1958, the police do not have the power to detain you against your will unless you are being arrested.
Is it legal to film police? (filming police) You have a legal right to film in public. Therefore, you can film or take photos of police when they are performing their duties if they are in public.
You can be pulled over if the police reasonably suspect that you are committing a criminal offence, if they are going to perform a roadside random breath test, or if you have breached a traffic offence. A police officer also has the power to give reasonable directions for the safe and efficient regulation of traffic.
Fines range up to $1250, depending on the state (South Australia is the harshest!), while in Victoria or Queensland there are penalties up to six months jail time. In short, then – do yourself a f##king favour – don't curse at a cop.
What is the Penalty If I Refuse to Give Police My Password? It is an offence for a person subject to a digital evidence access order to refuse or fail to provide their phone or computer password, without a reasonable excuse, or to provide false or misleading information, whilst purporting to comply with the order.
Law enforcement may also tap your phone using “tap and traces” or “pen registers,” which don't require a wiretap order. These methods don't record actual conversations, only the phone numbers associated with the line. Tap and traces record the phone numbers calling a specific phone line.
Finding out about a warrant
To find out if there's a warrant for your arrest contact the court where you were supposed to appear and ask if a warrant has been issued. A lawyer can help find out if there is a warrant to arrest you or someone else—they can write to the Warrants Bureau to find out more information.
So, can I check into rehab with a warrant? Yes, you can get check into rehab. But this doesn't mean that you get away with your offense or of the warrant. A treatment facility does not grant you immunity from detention or dismiss your warrant.
The main way that a bench warrant may be cleared or removed is by your personal appearance in court, by your attorney's appearance on your behalf or by appearing with your attorney. If the warrant concerns a felony, your personal appearance to clear or remove it is required.
A Law in Action trespass sign will stop anyone hassling you in your home. This includes Door to Door Salespeople, Process Servers and Police. If they continue to come after you have fitted your Law in Action sign, you will be able to sue for damages for trespass to land.
Section 112 makes it an offence to enter a dwelling house and commit a serious indictable offence. The maximum penalty for this is imprisonment for 14 years.
A person can be guilty of trespassing if they: trespass in a 'public place' and neglect or refuse to leave after being warned; enter a 'private place' or 'scheduled public place' without express authority unless for a legitimate purpose; or.
No. If the police believe you have information about a crime, they may ask you to attend and participate in a police interview; but you do not have to attend.
NSW legislation on the right to silence
The common law right to silence has been codified in section 89 of the New South Wales Evidence Act 1995, which states that no adverse inference is to be drawn on the basis of evidence that a person failed to answer the police's questions.
The right to remain silent when one is suspected of a crime is a basic common law right. It includes the right to decline to answer questions when interviewed by the police as well as the right to choose not to give evidence when being tried by a court.