 CIVIL RIGHTS GUIDE - YOU AND THE LAW
Demand to be treated with respect, but show some respect in return. Be clever, not smart.
Suspected ?
If you are suspected of committing a crime, you must tell the police your name, address, date of birth and occupation. If you are not under arrest you are then free to leave. You have the right to be free of arbitrary arrest or detainment, and to be secure against any unreasonable search or seizure of yourself, your property, or your correspondence. You have the right to remain silent, and this includes written statements. Write down everything that happens. Record anything to help you identify them later if needed; badge number, name, car rego, rank, police station, etc. They must let you know their name & number if they arrest you. Ask to see their ID badge.It's a good idea to carry a pen around with you.
Searches
If the police want to search you, say 'NO, I DO NOT CONSENT TO A SEARCH. WHAT IS YOUR LAWFUL AUTHORITY?' They must have your consent or a valid search warrant, or invoke an emergency power to search such as that under the Misuse of Drugs Act 1975 (MDA), section 18, subsection ii (for a person) or iii (for property). Unless arrested, you do not have to go anywhere with the police, not even a 'just come over here so I can talk to you.' Stay with your friends and be each other's witnesses.
Driving In Your Car
If you're driving you must stop and give your name, address and the registered owner of the car. Get out of the car, and lock the doors behind you. They need proper authority to search the vehicle; don't let them do it unless they have a warrant or invoke the MDA section 18 subsection iii. The Transport Act only allows them to check safety features such as breaks and steering; they cannot use it to search for drugs, and if they find any you may get off.
Home Sweet Home
The police can search you or your property if you agree; they have no general right of search or entry on private property. They will usually arrive with a warrant. If it is unsigned or has a different address, it is not valid; you have the right to check the warrant before letting them in. You have the right to watch what they are doing as long as you don't interfere.
At The Station
If you are arrested, you must go with them. Ask for a lawyer, don't agree to be videoed, don't make deals, don't nark; they may be lying and still do you too. You may be searched, fingerprinted, and photographed. You must give your name, address, date and place of birth, and occupation - nothing else. You have the right to not make a statement, and the police must inform you of this. You have the right to know the nature and cause of the charge, at the time of arrest. You have the right to consult a lawyer. They have the right to search you and any bag you may have been carrying. If you are in any form of custody, you have the right to be treated with humanity and with respect for your inherent dignity.
Complaints
Discuss your complaint with the senior officer at the station, make a formal complaint to the police, make a formal complaint to the Police Complaints Authority, PO Box 5025 Wellington, Freephone 0800 503 728.
BUSTED? FOR HELP OR MORE INFORMATION CALL THE NORML BUSTLINE (09) 302-5255...NewZealand ONLY.
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