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.
They are filming you, which, in a public place they are legally entitled to do. If you politely ask the person to stop recording and they refuse, you have no power to stop them from doing so. The NSWPF media policy also states that police do not have the power to stop a person filming from a public place.
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.
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.
The NSW Police Media Policy 2016 states 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.”
In New South Wales, the Surveillance Devices Act 2007 prohibits the recording of audio conversations without the consent of all parties unless it is reasonably necessary for the purpose of protecting the lawful interests of the party who records the conversation.
In New South Wales, it is deemed illegal to lawfully record private conversations without express or implied consent of the other person.
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.
You can be pulled over if the police reasonably suspect that you are committing a criminal offence, if they are going to perform a roadside random breath test, or if you have breached a traffic offence. A police officer also has the power to give reasonable directions for the safe and efficient regulation of traffic.
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."
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.
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.
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.
It is illegal to record someone without consent in New South Wales unless one of the lawful exceptions to this apply under the Surveillance Devices Act. You can secretly record a private conversation if the secret recording is 'reasonably necessary' to protect your 'lawful interests'.
There is currently no law in Australia that prohibits you from filming in a public place without asking for permission. This extends to recording buildings, sites, and even people – but not artistic works. This means that you should be careful not to film something that has copyright protection.
Although police can ask you to give your name and address, they must warn you that it's an offence to refuse to do so. If you refuse to give your name and address when police have a right to ask for it, and you have no reasonable excuse for refusing, you'll be committing an offence and could be charged.
If you swear at a cop, then, you could receive an on-the-spot fine, or even be arrested and taken to a police station. If that happens, you may end up in court, and – worst case scenario – end up imprisoned for as long as six months.
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.
Your Answer: Yes, the police can enter your property without permission—under certain conditions. By law, the front yard of your home (legally described as the “curtilage”) is usually open season for anybody — including the police — to walk through so they can knock on the door of the home.
Under section 64 of the Magistrates Court Act an arrest warrant to carries with it the power to search any property (enter their home) where the person named in the warrant is suspected of being in hiding.
Even before an arrest has been made, the police may, without a warrant, search a person or a car if they have reason to suspect the person holds, or the car contains evidence of a crime, for example, illegal drugs. Police holding a search warrant have wider powers to search and enter premises and vehicles.
In NSW, it is against the law to record a private conversation without consent. Section 7 of the Surveillance Devices Act 2007 (NSW) sets out that if a person knowingly installs, maintains or uses a listening device to overhear, record, monitor, or listen to a private conversation, they are guilty of an offence.
“Strictly speaking, it's not illegal to leak your colleague's text messages,” Rogers explains. “However, the leaker could be in breach of their confidentiality obligations to their employer and their conduct would likely amount to serious misconduct.”
In general, it is an offence in Victoria to record a private conversation without the consent of each party to the conversation. However, the Family Court will allow private recordings to be admitted as evidence in some circumstances. The legal position on this issue is typically “it depends” or “yes, and no”.