Bottom line: You don't have to cooperate if the police show up at your door. If they have a warrant, they're coming in anyway. If they don't, it's entirely up to you whether you open the door, answer their questions, or interact with them in any way.
Yes. it is absolutely okay to not answer the door when someone knocks. Just because someone wants to talk with you, or wants to come in your house, does not mean that you must let them.
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.
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.
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.
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.
Can the police browse through your phone? Under section 30 of the LEPRA a police officer in conducting a search can examine anything in the possession of a person, including a phone.
“It is not illegal for someone to refuse an unlawful strip search,” explains Redfern Legal Centre head of police accountability practice Samantha Lee.
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.
The Australian Government is committed to protecting and promoting traditional rights and freedoms, including freedom of speech, opinion, religion, association and movement.
A police officer can enter a place to prevent an offence, injury, damage or domestic violence. This law applies if there is an imminent risk at a place of injury to a person or damage to property; or domestic violence is occurring or has occurred.
Remember that you have the right to remain silent and do not have to answer any questions that the police may ask. There is no such thing as an 'off the record' discussion with police. It is usually not in your interests to answer police questions, if you are a suspect.
If the police believe someone is in imminent danger of harm, or if they believe evidence might be destroyed in order to prevent an arrest, they can enter your home without a warrant.
As for strangers showing up at your door unannounced, you are absolutely under no obligation to answer. The only exception is if you live in a remote location and they need help. Even then, you might want to call a neighbour or 911 rather than fling open the door to potential thieves or post-apocalyptic zombies.
You have the constitutional right to remain silent. In general, you do not have to talk to law enforcement officers (or anyone else), even if you do not feel free to walk away from the officer, you are arrested, or you are in jail. You cannot be punished for refusing to answer a question.
The “opening the door” rule allows use of otherwise inadmissible evidence when trial testimony creates a misleading impression and opens the door to rebuttal. The high court ruled 8-1 for Darrell Hemphill, who sought to exclude evidence about a plea allocution entered by a defendant who was now out of the country.
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.”
Guidelines Issued by the Court
The Police Officer should not indulge in any kind of harassment done to the people while doing any investigation. The Guidelines decided for the preliminary enquiry or registration of F.I.R. by the Hon'ble Supreme Court in Lalita Kumari v.
You need to roll down your window enough to simply communicate with the officer, and pass documents. However, officers have the case law that allows them to command you out of your vehicle.
Police are not allowed to search your body cavities, except for your mouth. If police ask you to squat and cough, this may be a search of a body cavity.
However, if police apply for and obtain a covert search warrant or obtain a (recently created) digital evidence access order you can be searched, have your data accessed or have spyware planted on your computer, all without your knowledge.
The police can enter and search your home without a warrant to: prevent domestic violence. investigate traffic offences (eg to take a breath test for alcohol) catch someone who has escaped from prison or from being arrested.
Do police need a warrant to search my phone? Unless you give voluntary consent, police will need to obtain a search warrant in order to go through the contents of your phone.
Another circumstance where police can take possession of a mobile phone is when a person is arrested. Police have the power to search a person when they arrest them and to confiscate property the person has with them at the time. This can include a mobile phone that a person has with them at the time of their arrest.
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.