Is it legal to film police? (filming police) You have a legal right to film in public. Therefore, you can film or take photos of police when they are performing their duties if they are in public.
They are filming you, which, in a public place they are legally entitled to do. If you politely ask the person to stop recording and they refuse, you have no power to stop them from doing so. The NSWPF media policy also states that police do not have the power to stop a person filming from a public place.
Giving your name and address
The police do not have the right to demand your name or address without a reason. Generally, a police officer can only ask you to give your name and address if they believe you: have committed an offence.
If the police suspect your mobile phone holds evidence to a crime, they can apply to a magistrate for an order pursuant to section 3LA of the Crimes Act 1914 (Cth). The order will stipulate that you must disclose the mobile phones password. Any failure to comply with the order will have consequences.
The NSW Police Media Policy acknowledges that members of the public “have the right to take photographs of or film police officers, and incidents involving police officers, which are observable from a public space, or from a privately owned place with the consent of the owner/occupier”.
Employees must not discuss or disclose NSW Police Force information that is not publicly available, whether confidential or not. If employees comment on police related issues in a private capacity on social media sites, they must avoid any reference to their employment by the NSW Police Force.
The NSW Police media policy says “members of the public have the right to take photographs or film police officers which are observable from a public space or from a privately owned place with the consent of the owner or occupier…”
Section 30 of LEPRA allows an officer to examine anything in the possession of someone that the law permits them to search. For example, they can look through your bag, wallet or your phone.
How long can police hold evidence without charges in Australia? The law has no provisions that set a deadline for giving the property back. Instead, it states that police can keep items for as long as reasonably necessary. In practice, police officers must retain seized property within a short delay.
You should pull over when directed if an unmarked police car is displaying flashing lights. If you have been pulled over by an unmarked police car and you are unsure whether the person is a genuine police officer you should remain in your car with your car doors locked.
The penalty for not giving your ID to police is a fine of $220. This contained in section 12 of the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW). The same penalty applies if you provide police with a false name or address.
Essentially, police vehicle searches are only lawful when the police have a valid search warrant, the driver's consent, or when there are reasonable grounds to suspect that there is evidence of criminal activity in the vehicle.
No. If the police believe you have information about a crime, they may ask you to attend and participate in a police interview; but you do not have to attend.
It is illegal to record someone without consent in New South Wales unless one of the lawful exceptions to this apply under the Surveillance Devices Act. You can secretly record a private conversation if the secret recording is 'reasonably necessary' to protect your 'lawful interests'.
There is currently no law in Australia that prohibits you from filming in a public place without asking for permission. This extends to recording buildings, sites, and even people – but not artistic works. This means that you should be careful not to film something that has copyright protection.
The Australian Government is committed to protecting and promoting traditional rights and freedoms, including freedom of speech, opinion, religion, association and movement.
Law enforcement may also tap your phone using “tap and traces” or “pen registers,” which don't require a wiretap order. These methods don't record actual conversations, only the phone numbers associated with the line. Tap and traces record the phone numbers calling a specific phone line.
Without charge
If you're being held for questioning about an indictable offence, the police can hold you for up to 8 hours, but they can only question you for up to 4 hours. See being arrested.
Highway patrol Inspector Phil Brooks said police did not routinely eavesdrop on drivers, but could conduct electronic surveillance as part of serious criminal investigations. “The short answer is no,” he said. . . . It can only be used for crime, and serious crime at that.
Search warrants
Section 154 of the PPRA allows a search order to be made requiring a person to provide information necessary for the police to gain access to a device, including a phone, tablet or computer. Failing to provide the information can result in an offence under section 205A Criminal Code 1899.
It is up to you to decide whether or not to answer any questions police ask you or what you should say. If you are unsure, you should wait until you have received legal advice before giving an interview. In the case of certain serious offences, police can administer a 'special caution'.
Photography from a public place onto private property
There is no restriction on taking photographs of people on private property from public property.
In Australia, it is not currently an offence to photograph someone without permission or to distribute or publish photos of someone without their permission in other circumstances.
There is no law prohibiting taking pictures in public places, such as streets, parks or beaches, even if those photos include the people being there. This sounds a bit tricky considering privacy acts, but, as a matter of fact, there is no law protecting people from being photographed while in a public place.