4 Comments Criminal law, traffic matters, DUI, assault, theft, fraud
In answer to your questions in order:
1.No! except in certain circumstances.
2.No you did not have to admit to taking anything! You always have a right to remain silent. Othe than providing your name and address you are able to answer 'I wish to exercise my right to silence' to any other question the Police may ask you. If you had been placed under arrest you are obligated to get into the police car - but not if you had not been placed under arrest.
3. No, the Police are not allowed to lie to get what they want.
On the back of our business card we outline Your Rights as follows:
When stopped by police (except in traffic matters): 1. Only give your name and address. 2. Don't say another thing until you have spoken to your solicitor. 3. Don't go with the police unless they arrest you. 4. If arrested and charged, demand: a) police bail from bail sergeant b) to be brought before a magistrate's court (anytime of the day up to 4pm or the next morning at the latest, seven days a week). 5. Police are allowed to search with a warrant or they can search you and your vehicle/bike in certain circumstances. 6. Never invite them or agree to let them search. Object loudly but do not hinder them. 7. Always carry this card. Call us on 0416 161 624 for 24 hour assistance.
Melissa Graham - The Law Practice - 9261 4088
This does not constitute as legal advice, but is intended to give you a general idea of your rights. Please contact Martin Ricci on the mobile or the office if you wish to discuss this further.
I can post you out one of our cards if you provide you address. You can email me on firstname.lastname@example.org direct.
I should clarify that we are in NSW and the details on the back of our card are based around that. We would need to make enquiries of QLD law if we looked into it further.
Melissa, The Law Practice.