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OfflineDimensionX
Male

Registered: 09/26/07
Posts: 1,447
Last seen: 11 hours, 51 minutes
Australian search law
    #8549710 - 06/22/08 03:13 AM (5 months, 7 days ago)

I was wondering what right i have to refuse to let the police search me outside my home? And if can refuse to be searched how should i phrase it? If i say it in the wrong way could they use it as an excuse to use physical force to search me?


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Pilfering through that sordid catalogue you call your mind


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OfflineActiveA
Natural Kiddo
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Registered: 06/05/08
Posts: 69
Loc: NSW Sydney,
Last seen: 4 days, 14 hours
Re: Australian search law [Re: DimensionX]
    #8549752 - 06/22/08 03:48 AM (5 months, 7 days ago)

Unless they have a warrent they can't come in unless you invite them.


I wish i knew that before my house got raided by the Anti-Terrorism squad of Sydney.


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Violence iz not berry nice snarf snarf.


When I wake up, lying in bed, I twist up a fat one to fuck up my head :smile:


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Offlineillume
Alchemist
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Registered: 05/19/08
Posts: 189
Loc: NSW, Australia
Last seen: 1 day, 7 hours
Re: Australian search law [Re: ActiveA]
    #8549756 - 06/22/08 03:51 AM (5 months, 7 days ago)

Fuck, serious?
What happened?

I always thought we are different here to America.
Because we are still under the commonwealth we dont have right to free speech fair trial etc because we are not a Republic yet.


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OfflineDimensionX
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Registered: 09/26/07
Posts: 1,447
Last seen: 11 hours, 51 minutes
Re: Australian search law [Re: ActiveA]
    #8549779 - 06/22/08 04:08 AM (5 months, 7 days ago)

That sounds crazy. I was more thinking about them searching you outside of your home. Like when your walking down the street and they just randomly pull you up and search you.


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OfflineDjoum
Psy-student
Male

Registered: 06/22/08
Posts: 53
Loc: Sydney, Australia
Last seen: 2 months, 12 days
Re: Australian search law [Re: DimensionX]
    #8593792 - 07/04/08 01:48 AM (4 months, 26 days ago)

Not sure, but you can do your own research on austlii. You will need to check by state (most crimes) and federal (federal crimes) jurisdiction. State, of course, depends on your location.


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Invisiblejohnm214
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Registered: 05/31/07
Posts: 6,961
Loc: Americas
Re: Australian search law [Re: Djoum]
    #8593938 - 07/04/08 03:16 AM (4 months, 26 days ago)

In the united states you can always refuse, but you have to consent to lawful orders, and pretty much unlawful ones as well less you wanna be charged.


Whether they can or no, here's the best rule:


Ask if you must comply and state "I refuse to voluntarily consent to any search or questioning, but I will not resist and will comply with any orders you issue.  May I go now?"


Or something similar.  Just make sure they no that you do not voluntarily wish to cooperate or do anything and that you want to leave immediatly.  Then later if you are charged it will be on record and they can't use your cooperation against you as a tacit sign of your consent.

After every order, simply state you refuse to consent voluntarily, and if you must comply.  Do not argue, even if they prode you into confrontation.  Simply make it known you want to leave and do not consent to continued interogation or search.


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