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.
In some situations you are required to provide your name and address and provide identification. If the police lawfully require you to provide photographic identification they also have the power to ask you to remove any face covering to allow the police officer to see your face.
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.
Remember: you must provide your name and address but you do not have to answer any other questions police and PSOs ask you. Any information you give may be used against you when the police try to charge you, or used in court.
Under section 459A of the Crimes Act, police have the power to enter a property in order to search for a person they suspect has committed a serious indictable crime. This power only allows them to search for the suspect, not to seize property.
Section 50 of the Police Reform Act allows the police to ask for your name and address if they believe you are, or have been, engaging in anti-social behaviour. That is, behaviour that causes, or is likely to cause, “harassment, alarm or distress”.
Can You Swear At A Police Officer In Australia? An individual who swears or uses indecent language in a public place is guilty of an offence. A police offer is no different in this circumstance.
Everywhere in Australia, the law says you can record in public, even if the police tell you to stop.
No, police cannot force you to unlock your cellphone without a search warrant. The Fourth Amendment requires police to have a warrant or your consent to search your phone.
They are used to address drug offences, burglary, theft and terrorism. They allow police officers to search you or your vehicle if they have reasonable grounds to do so. They must use the search powers fairly, responsibly and with respect for people.
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. This means that you do have the right to remain silent when questioned prior to or during legal proceedings.
Under Australian law, a data access order may “only be made against a person who is suspected of committing an offence attracting a penalty of five years imprisonment or more, and who has the relevant knowledge necessary to gain access to the device”.
If the law enforcement officers go to your cell service provider or Google, they can access information on your text messages and emails if they have a court order. If the police have a subpoena, they can access emails that date back as far as 180 days, whether they are opened or unopened.
The answer is yes, it's possible to track mobile phones even if location services are turned off. Turning off the location service on your phone can help conceal your location.
Freedom to photograph and film
Members of the public and the media do not need a permit to film or photograph in public places and police have no power to stop them filming or photographing incidents or police personnel.
Privacy and BWV
Under data protection legislation, police officers must inform people that they're being filmed wherever possible, and the cameras feature a flashing red light to warn when recording is taking place.
Generally, the First Amendment protects the right to record a police officer in public so long as it does not interfere with the officer's duties and is not done secretly.
The Australian Government is committed to protecting and promoting traditional rights and freedoms, including freedom of speech, opinion, religion, association and movement.
As you already know, the First Amendment to the U.S. Constitution protects free speech. Because of the Amendment, police officers generally cannot arrest people, nor can the government prosecute them, simply for what they've said.
The police officer can search anything you are carrying and the car you are in. They can search your car even if you are not in it.
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.
“Without obtaining permission, no police official must inspect mobile phones. If such instances are seen happening, bring them to my attention,” Pant said, responding to this complaint.
If the police have a search warrant, then they can enter your home without your permission. The warrant must be valid. The police can enter, regardless of whether or not you are there. If no one is available to open the door, the police can force an entry.