CarExpert spoke with a NSW Police officer who said that by swearing at an officer you are “not doing yourself any favours”, and that, on a technicality, you could be charged with an offence, especially if your foul language can be heard in a public place and/or by members of the public.
Freedom of speech is protected under the First Amendment to the United States Constitution, so non-threatening verbal abuse of a police officer is not in itself criminal behavior, though some courts have disagreed on what constitutes protected speech in this regard.
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.
OATH OF OFFICE – Police Officer
Every Police Officer must take the Oath of Office when they start their career at the Goulburn Police College, NSW.
It is up to you to decide whether or not to answer any questions police ask you or what you should say. If you are unsure, you should wait until you have received legal advice before giving an interview. In the case of certain serious offences, police can administer a 'special caution'.
Section 30 of LEPRA allows an officer to examine anything in the possession of someone that the law permits them to search. For example, they can look through your bag, wallet or your phone.
The penalty for not giving your ID to police is a fine of $220. This contained in section 12 of the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW). The same penalty applies if you provide police with a false name or address.
Public profanity is an offence in every jurisdiction in Australia.
Australians risk copping fines of up to $21,720 or a six-month prison term if they are caught swearing in public thanks to tough public nuisance laws. While completely legal in your own home, dropping a casual f-bomb at the park, beach or local café is considered a crime in states and territories across the country.
The results of a national survey of public attitudes to police and police services reported here indicates that Australians are more respectful of their police, and pleased with the assistance they provide, than some observers have suggested.
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.
Police can't intercept phone calls unless they have sufficient reason to do so. There are essentially three times when police can do this: When the parties being recorded consent; When police have a warrant; or.
You have the right to remain silent, whether you have been stopped in the street, have agreed to go to the police station or are under arrest. However, the police do have the power to ask you basic questions and in some situations, you may be breaking the law if you refuse to answer.
According to the Texas Penal Code, you can be charged with disorderly conduct if you do any of these in a public place: 1. Use “abusive, indecent, profane, or vulgar language,” of the kind likely to provoke a physical altercation. These are known legally as “fighting words.”
Yes, you do. If the police stop your car for a traffic stop, the driver must provide his or her driver's license, proof of insurance and registration. They must comply with lawful instructions and exit the vehicle if instructed to do so.
Under Canada's Criminal Code, you can be charged with an assault offence if your words constitute a threat to another person's life, health or property. The Code does not contain any provisions that make it illegal to verbally assault someone, so you can legally cuss people out and say mean things to them.
It is used in a variety of ways, including as a term of disparagement. "Cunt" is often used as a disparaging and obscene term for a woman in the United States, an unpleasant or stupid man or woman in the United Kingdom, or a contemptible man in Australia and New Zealand.
In Australia, legislation prohibits, or renders unlawful, speech or expression in many different contexts. Some limitations on speech have long been recognised by the common law itself, such as obscenity and sedition, defamation, blasphemy, incitement, and passing off.
It is an offence to use offensive language in or near (or within hearing from) a public place or a school in New South Wales, under section 4A Summary Offences Act 1988 (NSW). This offence may be dealt with by way of a fine only (penalty notice) which will not result in a criminal conviction if paid.
The maximum penalty for using language that is deemed offensive in New South Wales and Western Australia is $660 and $500 respectively, while in South Australia, the laws are considerably harsher with the maximum penalty for using abusive language in public ringing in at $1,250 or three months' imprisonment.
“They bring how common swearing is in their different contexts, which type of words are used … they influence how it is applied and what form it takes.” And that seems to be behind Australia's broad application of foul-mouthery: we've adopted it all. “Swearing is not just frequent in Australia,” says Krafzik.
A person has a general right to remain to silent after being arrested in NSW. This comes with the exception of the need to provide your name and address in certain circumstances when dealing with the police. Offences involving motor vehicles are an important exception to the right to remain silent.
Essentially, police vehicle searches are only lawful when the police have a valid search warrant, the driver's consent, or when there are reasonable grounds to suspect that there is evidence of criminal activity in the vehicle.
Unless you are pulled over by the police while driving, you will typically receive a penalty notice in the mail. The penalty notice will set out the fine owed and the demerit points incurred.