Police ask for ID - across Australia, you need to provide your name and address, if over 18.Your rights are the same across Australia when: There is also strict limitations on playing recordings and you should always get legal advice before deciding whether to play the recordings to other people or to publish them. Non-profit legal service Caxton Legal Centre state in their Know Your Rights handbook, that police do have the right to stop you from filming if you are obstructing a police officer. If you are approached by the police while recording them you should state what you are doing and why. You do have the legal right to film police, if it is in a public place, and as long it does not interfere with the performance of the police officer's duties. When it comes to using your phone to film, there is no specific law that states you cannot film the police while carrying out their duties in public. You can ask police why your phone is needing to be seen if you choose to hand it over. Mr Murray said the police have the power to stop, detain and search you personally without a warrant if they reasonably suspect that you are carrying something such as a weapon, illegal drugs or graffiti instruments. A law, especially allowing them to conduct the search, is provided.Police do not have an automatic right to search you and your personal property such as a mobile phone.Īccording to the Queensland Police your property can be searched if: When handing over your phone or filming police: Police can seize any unlawfully held weapons they find in the search and can also seize evidence of other offences found in the search, such as drugs or housebreaking tools. "It does depend on what the police basis is for the search, they can't just walk up and search the car, unless they have suspicion or a warrant for the car," Mr Murray said. you have smoke coming out of the back of your car, the police can use that as a reason to search. If you are pulled over with reasonable suspicion, i.e. "They can't simply arbitrarily question people." When police ask to search your car: "The police do need to have reasonable suspicion of your engagement in criminal activity or something unlawful before they start questioning. "You do need to show your ID to the police because if they ask you to do something, and you fail to do so, it's seen as a lawful request and the police are able to charge you with failure to comply with the direction," Mr Murray told ABC Radio Brisbane's Rebecca Levingston.
If you are under 18, you only need to provide your age and you have the right to ask for a parent or lawyer to be present, in the process of questioning.