As we mentioned earlier, the law only allows police to hold onto seized items for as long as reasonably required to for an investigation.
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.
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.
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.
Under the Victoria Police Act 2013, the police can obtain a search warrant to enter and search a vehicle. A warrant is a court-issued written authority that authorises a police vehicle search in Victoria. Typically, the police conduct a vehicle search under warrant as part of an ongoing criminal investigation.
One way the police can track a phone is through the use of a warrant. A warrant is a court order that authorizes the police to search for and seize evidence. To obtain a warrant to track a phone, the police must demonstrate to a judge that there is probable cause to believe that the phone contains evidence of a crime.
Being searched without a warrant
This is called 'search by consent'. You can say no. They cannot force you to consent to a search.
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.
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 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.
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.
So, the general answer is no, your phone cannot be tracked when switched off.
Do the police have a right to search your phone? As mentioned above, the Evidence Act 2008 permits Victoria Police to seize items if they believe that it will provide material evidence in a criminal investigation.
Yes, the police can track a stolen phone using either your phone number or the phone's IMEI (International Mobile Equipment Identity). Whether or not the police prioritize looking for your stolen phone is another matter. Thanks! We're glad this was helpful.
If you do not wish to be interviewed, you should tell the Police that you do not wish to go into the interview room. Whilst you need to stay calm in custody, you are not obliged to say anything or answer questions. You cannot get into trouble or be seen as uncooperative for not answering questions.
This means that you cannot be forced to be interviewed by police. In fact, the law provides that if you choose to remain silent, your silence cannot be used against you in court. Practical Hint: Your right to silence includes the right not to have your refusal to participate in an interview recorded.
The right to contact a lawyer and / or have them present for the investigation; The right to contact a friend or relative; The right to have an interpreter present; and. The right to medical attention if it is necessary or requested for a reasonable reason.
Solid evidence to charge someone with a crime is not necessary. An arrest or charge against someone is only an allegation or complaint that the person either participated in or committed a crime. Police or a district attorney often file charges against someone without evidence to convict them.
Simple assault is usually the least severe assault crime, and it is generally charged as misdemeanor assault.
Answer: If you are a victim of domestic violence in Australia, you may be able to withdraw your statement and ask the Police to drop the charges against the accused. However, the decision to drop the charges is ultimately up to the Police and the court system.
Police Searches
They only need a reasonable suspicion. There must be a factual basis for this suspicion. Just because you are at a festival is not a reason to be able to search you. There needs to be something unusual about your behaviour.
Telephone (03) 8664 7009 or speak to a Librarian in person at the Ask A Librarian desk to place a request to view a warrant.
Whether your device is rooted or not has nothing to do it. Only requirement is having Google "Find My Phone" setup and active on the Google account signed into the device and the device being powered on so to be able of locating it, even if a factory reset is performed GRP should have your back.