When attending an event where police may be present, here’s what you need to know.
Please note: this is general information and not a substitute for legal advice. Source: Fitzroy Legal Service.
QUESTIONED BY POLICE?
• Remain calm, you have rights.
• You can ask for an officer’s details (i.e. name, rank, station). You can get this in writing.
• You do not have to answer questions. If in doubt, say “no comment.”
• You do not have to consent to searches. If forced, don’t resist, but verbally maintain that you do not consent to the search. Get the officer’s details.
• You can ask if you’re under arrest. If not, you’re free to walk away at any time.
IS IT LEGAL TO FILM POLICE? WHEN CAN POLICE TAKE MY PHONE?
1. It is legal to film anyone, including police, in a public space in Victoria.
2. A police officer cannot arrest you just for filming police on duty at a public gathering. It’s best to stand a few metres away from police so that you can’t be said to be hindering or obstructing them.
3. It is illegal for police to ask you to delete footage. If a police officer asks you to delete footage, you can write down their name and badge number and seek legal advice.
4. If a police officer asks you to stop recording, you are not legally required to do this, except if police were performing a specific covert operation (e.g. an anti-terrorism raid); or it is a situation which may cause serious harm to yourself or bystanders by filming (e.g. in the middle of a shooting incident).
5. If you are under arrest, or if police have a warrant, police can take your phone.
6. You are not required to give police your phone password unless police have a warrant.
IF YOU ARE BRINGING YOUR PRESCRIBED MEDICINAL CANNABIS TO AN EVENT
Please ensure:
• It’s in the container provided by your dispenser.
• Have a copy of your prescription or a letter from your doctor describing the medicinal cannabis you are taking.
• Have your ID with you.
IF YOU ARE STOPPED AND SEARCHED
• You must give your name and address if asked.
• You do not have to carry your ID, but police may detain or arrest you until they verify your identity.
• You can answer “no comment” to all other questions.
• Police must use the least invasive search practicable as quickly as possible and in a way that provides you with reasonable privacy.
• Request the police officer’s name and place of duty, and the reason for the stop and search. If they are not in uniform, ask for proof of identification.
• Seized items not required as evidence must be returned to you.
IF YOU ARE ARRESTED
• You can ask if, and why you’re under arrest.
• You can ask for an officer’s details (i.e. name, rank, station). You can get this in writing.
• Most people receive a pat down search when arrested.
• You must give your name and address when asked, but you do not have to answer any other questions. If in doubt, you can say “no comment”.
• You have a right to call a lawyer and a friend or relative. You have a right to privacy for these calls.
• Police can take your fingerprints and can use force if you refuse.
• If you say no to your photo being taken, police can’t force you to.
• There are rules about when police can take DNA. You can verbally maintain you do not consent to any of these being taken and seek legal advice later. You can also use your phone call to a lawyer.
• If searched, you have a right to ask for an officer of the same gender to conduct the search.
EVERYONE HAS THE RIGHT TO LEGAL ADVICE IF ARRESTED
Fitzroy Legal Service:
(03) 9419 3744
Stary Norton Halphen Legal:
0407 410 821
Victorian Aboriginal Legal Service:
1800 064 865
WHERE CAN I FIND MORE INFORMATION?
General information about Police:
www.streetsmartvic.com.au/learn-about/police/
Activist rights:
www.activistrights.org.au/kb/police-powers-and-your-rights/
Legal advice and legal support for activists:
www.mals.au/contact/
Getting searched:
www.legalaid.vic.gov.au/getting-searched
Fingerprints and body samples:
www.legalaid.vic.gov.au/fingerprints-and-body-samples
