Bush Lawyer

Civil Rights Guide - You and the Law

source: http://norml.org.nz/page11.html

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.

Police Questioning

Be calm and don’t get smart to the police. You have the right to remain silent - including written statements - other than giving your name, address, and if in an age-sensitive situation, your date of birth. You don’t have to go anywhere with police unless arrested. Not even a ‘just come over here so I can talk to you.’ You have the right to speak to a free lawyer on the Bill of Rights list. If you are under 17 you have the right to have a supportive adult with you at the station.

Searches

Police can search you, your bag or car if (a) you let them, (b) they arrest you, (c) they have a search warrant, or (d) they have reasonable grounds to believe you have drugs on you (this could include smelling or seeing drugs or seeing you using drugs) and they invoke the Misuse of Drugs Act (MDA) section 18 subsection ii (property) or iii (person). They must tell you if they are using this search power. Silence is taken to be consent, so if you do not want to be searched, say “NO, I DO NOT CONSENT TO A SEARCH. WHAT IS YOUR LAWFUL AUTHORITY?” Ask their reason for thinking you were using or have drugs. If they invoke the MDA they must file a report with the Police Commissioner within 72 hours, and you have the right to obtain a copy of this report. You have the right to watch them search. You have the right to a witness. The police can search your home if (a) you consent, (b) they have a valid search warrant, or (c) they have reasonable grounds to believe there are drugs there and invoke the MDA. They can only search inside your mouth if you agree. You can only be searched internally (and only by a doctor) if the police have arrested you and they have reasonable grounds to believe you have drugs inside you. If you are female then only a female officer can search you. Police must let you know their name & badge number if they arrest you. 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

An officer can stop any car at any time to check for warrant, registration etc. You and your passengers have the right to remain silent, but must give your names, dates of birth, addresses and the registered owner of the car. The driver can be detained for up to 15 minutes to establish identity. An officer can search your can if (a) you agree, (b) they have reasonable grounds to believe there are drugs in the car and invoke the MDA, (c) they have a search warrant, (d) they arrest you and you’re with your vehicle at the time, or (d) under the Crimes Act police can now search any car and its occupants for stolen property. 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.

At School

A teacher can search your bag only if you agree. Teachers can’t search whole classes without the consent of each student. Teacher’s can’t use physical force to search students or their bags. Police can search students for drugs at school only if you agree to it, they have a search warrant, they arrest you, or they have reasonable grounds to believe you have drugs on you. If you are questioned about a serious discipline matter, you have the right to not say anything and can’t be forced to make a statement. You also have the right to ask for someone to support you - this could be a parent or other family member, dean, teacher, guidance counsellor, youth advocate or any other person you trust. For more help and information, contact Youthlaw Project on 09 309-6967 http://www.youthlaw.co.nz

At Work

Check your employment contract to see if it says anyhting about this type of situation.  If it doesn't, then they have no right to force you to submit to anything.  If you are part of a union, get in touch with your Union Representative.

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 your lawyer or another from the Bill of Rights list, 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

Write down everything that happens, and get any witnesses to do the same. Take photos of any injuries. 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.

Feel like you need more detailed information or just need someone to talk to about your case? Ring Bushlawyer on 021-232-0820