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.
Whether they question you as a witness or a suspect, you do not have to answer any other questions. You have the right to be silent. If the police officer tells you that you are breaking the law by refusing to tell them information, ask to speak with a lawyer.
The law differs slightly from state and territory around Australia, but in Western Australia it is a criminal offence under section 5 (1) and 6 (1) of the Surveillance Devices Act 1998 (WA). to make a audio recording of a private conversation or a visual recording of a private activity.
What Can Police Search? There are a few circumstances in which a NSW police officer may stop and search a person without a warrant, and then seize any items including a mobile phone.
If they do not have a lawful reason to ask for your identification, then you do not have to disclose it. Police must also advise you of the consequences of failing to comply with their request. If they are in plain clothes, they must also produce identification to prove that they are in fact a police officer.
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.
In Australia, there is a fundamental common law right to silence, which means that you cannot be compelled to incriminate yourself. The prosecution carries the burden of proving the allegations against you 'beyond reasonable doubt'. If the prosecution fails, the accused will be acquitted of the charge(s).
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.
How long can police hold evidence without charges in Australia? The law has no provisions that set a deadline for giving the property back. Instead, it states that police can keep items for as long as reasonably necessary. In practice, police officers must retain seized property within a short delay.
The Right to Tap Your Phone: The Wiretap Order
This is similar to a warrant. The police must prove to a judge that they have probable cause to believe that tapping your phone lines will help them to solve a serious crime such as drug trafficking, money laundering, or terrorism.
The short answer: No. State law makes it an offence to record a person without their consent unless you're protecting yourself or your property.
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.
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.”
When is it lawful to act in self-defence? Section 418 of the Crimes Act 1900 provides that a person is not criminally responsible for an offence if the person carries out the offence in self-defence. And the conduct is a reasonable response to the circumstances as the person perceives them.
Police Cannot Enter Private Land Without a Warrant If Prohibited by a Trespass Sign. Posted March 1, 2023 by Sydney Criminal Lawyers & filed under Criminal Law.
Suing for compensation and damages
You may be able to sue Victoria Police for compensation and damages if you believe you suffered a genuine wrong by the police officer. You will need evidence of your suffering and loss. These cases are usually very serious. Get legal advice as soon as possible after the incident.
It's Often Up to You and Your Phone's Lock Method
Currently, police officers have the authority to demand that you unlock your mobile phone using face recognition and fingerprint identification. When unlocking your phone, police officers have no right to demand that you disclose your passcode or pattern.
The Police Can Charge You Without Hard Evidence
The police can't charge you without any evidence at all. However, they can charge you if they have any reason to believe you may be involved in an incident or had the intent to commit a crime.
The police may, after arrest, detain anyone for up to 4 hours on suspicion of having committed a serious offence or for the purpose of completing an investigation before charging them. During that time the police may take you to places connected with the offence.
Can a phone be tracked if it's turned off? A phone that is turned off is difficult to track because it stops sending signals to cell towers. However, the service provider or internet provider can show the last location once it's switched back on.
The NSW Police Media Policy acknowledges that members of the public “have the right to take photographs of or film police officers, and incidents involving police officers, which are observable from a public space, or from a privately owned place with the consent of the owner/occupier”.
For over three years Android has offered encryption, and keys are not stored off of the device, so they cannot be shared with law enforcement.
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.
You can plead the fifth at any time, even if you are otherwise legally obligated to answer, such as through a court-issued subpoena or if you are called before Congress to testify on an issue of national importance.
The Fifth Amendment
When someone invokes or pleads the Fifth, they are stating that they will not engage in conversation or give information to law enforcement. Oftentimes, individuals use their right to remain silent until they have had the chance to speak with a defense attorney.