Pulled over by police: What are your rights?

The flashing lights of a police car in your rear-view mirror have the unique effect of making even the most innocent and calm drivers feel worried about what is going to happen next, when they are pulled over by police.

When can I be pulled over by police?

You can be pulled over by police if they have a reasonable suspicion that you are committing an offence.

They can also pull you over for random drug and alcohol testing at any time.

Pulled over by police: What to do next?

Remaining calm and polite when the police officer approaches you is the best way to finding out why they have pulled you over in the first place.

From there the police have the power to ask you for identification.

Police can also give direction to or question all people in the vehicle, not just the driver, to establish the identification of the driver should they feel necessary to do so.

Can police search your car?

Police have the power to search your vehicle where there is a belief that something in the vehicle contributed to a crime.

Police are not allowed to search you personally unless they are exercising a warrant or have a reasonable suspicion you have been involved in a crime.

If police want to conduct a search, it’s usually a good idea to cooperate because resisting may lead to a charge of hindering a police officer.

Nevertheless, if you are searched, you can ask police why the search is being conducted, say that you object to the search and say that you are only submitting to the search because you have to.

Remember to always be vigilant in protecting your legal rights and don’t just assume the police are authorised to do whatever it is that they are doing.

If something doesn’t feel right or you feel you have been treated inappropriately, contact us on 8821 2199 to discuss further.

 

Image: HB 201 VE SS dash LED’s and magnetic roof light by Highway Patrol Images via Flickr. CC BY 2.0