CONSENT – ITS IMPORTANT If police strip-searched you without your consent, actions could be brought against the police officer for assault.
“It is not illegal for someone to refuse an unlawful strip search,” explains Redfern Legal Centre head of police accountability practice Samantha Lee.
STRIP SEARCHES SUMMARY
The strip search must be conducted by a police officer of the same sex as the person searched. It must not take place in the presence or view of a person who is of the opposite sex. It must not take place in front of unnecessary people and must not search the genital area.
Police are not allowed to ask you questions while you are being strip searched. Can police touch my body? No. Police must not touch your body.
The law is clear that a strip search is supposed to be a last resort. Police have a general power to stop, search and detain you only if they suspect on reasonable grounds that you have something illegal in your possession, such as illegal drugs, a weapon, or something stolen (s 21).
CONSENT – ITS IMPORTANT
The first and foremost thing to remember is that the officer who is going to strip search you need your consent before carrying out the search.
Victorian Police policy is that strip searches are only conducted where it appears that the person in possession of a traffickable quantity of illicit drugs and police consider that a more thorough search is necessary. Strip searches are very uncommon at music festivals in Victoria.
Law enforcement agencies are being provided with the web browsing histories of people under investigation using mandatory data retention powers, despite the federal government specifically excluding that practice in the legislation, the commonwealth ombudsman has warned.
Can the police browse through your phone? Under section 30 of the LEPRA a police officer in conducting a search can examine anything in the possession of a person, including a phone.
Being searched without a warrant
You can say no. They cannot force you to consent to a search. If you say yes, the police officer should get your agreement in writing. You can make a complaint if this does not happen.
Police can't intercept phone calls unless they have sufficient reason to do so. There are essentially three times when police can do this: When the parties being recorded consent; When police have a warrant; or.
Thanks to the Telecommunications (Interception and Access) Act (TIA Act), law enforcement and other agencies can access stored communications with a warrant. This can include "email, SMS or voice messages stored on a carrier's network". In other words, the contents of any communication not encoded via encryption.
Can a phone be tracked if it's turned off? A phone that is turned off is difficult to track because it stops sending signals to cell towers. However, the service provider or internet provider can show the last location once it's switched back on.
Google Safe Browsing: To protect you from dangerous websites, Google maintains a list of websites that might put you at risk for malware or phishing. Google also analyzes sites and warns you if a site seems dangerous.
Internet Service Providers (ISPs) can see everything you do online. They can track things like which websites you visit, how long you spend on them, the content you watch, the device you're using, and your geographic location.
In Australia, privacy matters are regulated by the Privacy Act 1988 and the Australian Privacy Principles (APP). However, there is no right to be forgotten in Australia.
Lee advises that witnesses can legally film police in a public space, even if they are told not to. “The only point where it isn't legal is if filming is hindering an arrest. Our advice is to always film from a distance.
You can be pulled over if the police reasonably suspect that you are committing a criminal offence, if they are going to perform a roadside random breath test, or if you have breached a traffic offence. A police officer also has the power to give reasonable directions for the safe and efficient regulation of traffic.
If they do not have a lawful reason to ask for your identification, then you do not have to disclose it. Police must also advise you of the consequences of failing to comply with their request. If they are in plain clothes, they must also produce identification to prove that they are in fact a police officer.
The New South Wales police have been accused of misunderstanding their own strip-search powers after data showed officers continued to use the controversial practice on thousands of people, including children as young as 13, during the height of Covid.
More Than 80% of Strip Searches Turn Up Nothing.
8 Significantly, the majority of strip searches in New South Wales are not yielding evidentiary results. The data obtained by David Shoebridge reveals that between 2014 and 2018, nothing related to criminal offences was found in 12,014 (64 percent) of the 18,756 strip searches conducted.
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.