Whenever you are stopped by the police, ask them two questions:
- Are you employed to uphold the law? Of course, they will answer that they are. That is when you show them the document below and explain that they are breaking a law passed by the High Court, and then ask if you are free to go, as they do not suspect you of committing a crime.
- Please show me your bond and insurance – If they continue to harass you, ask them to show their bond and insurance. As they are corporate employees they must have a bond and insurance to protect them from litigation for any harm they do. They are always personally liable for their actions. Explain to them that if they continue to break the law you can arrest them and summon them to a Common Law Court to hold them accountable.
Print out and keep the advice below in your car at all times…
The following explains Police Powers and You:
(click here to download it as a PDF)
The Commonwealth of Australia Constitution Act 1901, Section 109 states… When a law of a State is inconsistent with a law of the Commonwealth, the latter shall prevail, and the former shall, to the extent of the inconsistency, be invalid.
Common Law and the Commonwealth of Australia Act 1901 Constitution guarantee the right of citizens to go about their lawful business unhindered by the police or anyone else as long as you are not suspected of committing a crime. Common Law is the highest law in the land and therefore all State laws must be consistent with Common Law.
The State Acts that the police rely on to justify stopping drivers for a Random Breath Test (RBT) are inconsistent with the law of the Commonwealth and Common law, and that makes them invalid.
Being pulled over for a Random Breath Test does not constitute a crime. Therefore, the police have no right to pull you over without due cause, or to make any other demands on a citizen, as confirmed in these court decisions.
We repeat: Never say anything to the police except to demand your rights. Anything you say can and will be used by them to cause you trouble…even the most innocent statement can be twisted to make you look guilty. So when stopped by the police SHUT UP! And if they have no reasonable grounds to suspect you have committed a crime, ask if you have committed a crime. When they say NO ask if you are free to go. Keep asking until they realize you know the law. Never say anything else.
The following judgments make it very clear that the police do not have the power or authority to stop you for any reason unless they suspect you have committed a crime.
1. Regina v Banner (1970) VR 240 at p 249 – the Full Bench of the Northern Territory Supreme Court
In this judgement, the NT Supreme Court handed down a ruling that, “(Police officers) have no power whatever to arrest or detain a citizen for the purpose of questioning him or of facilitating their investigations. It matters not at all whether the questioning or the investigation is for the purpose of enabling them to ascertain whether he is the person guilty of a crime known to have been committed or is for the purpose of enabling them to discover whether a crime has or has not been committed. If the police do so act in purported exercise of such a power, their conduct is not only destructive of civil liberties but it is unlawful.”
2. Andrew Hamilton Vs Director of Public Prosecutions – Justice Stephen Kaye – Melbourne Supreme Court ruling – 25 November 2011
“It is an ancient principle of the Common Law that a person not under arrest has no obligation to stop for police or answer their questions. And there is no statute that removes that right. The conferring of such a power on a police officer would be a substantial detraction from the fundamental freedoms which have been guaranteed to the citizen by the Common Law for centuries.”
3. Magistrate Duncan Reynolds – Melbourne – July 2013
“There is no common law power vested in police giving them the unfettered right to stop or detain a person and seek identification details. Nor, is s.59 of the (Road Safety) Act a statutory source of such power.”
NOTE: None of the above precedents have been overturned on appeal or in the High Court. They still stand today and you can point out to the police that they are acting unlawfully if they continue to detain you without due cause to believe you have committed a crime.
OUR RIGHTS TO FREEDOM OF MOVEMENT UNDER THE LAW
We, the People of the Commonwealth of Australia, have the right to move about freely without let or hindrance of anyone… including the police. If you are told to “move on”, stop talking public, stop for an RBT, or any other reason when you have not committed a crime, you have the right to tell them to bugger off!
CRIMINAL CODE 1899 – SECT 546
Arrest without warrant generally
546 ARREST WITHOUT WARRANT GENERALLY
When an offence is such that the offender may be arrested without warrant generally—
(b) it is lawful for any person who is called upon to assist a police officer in the arrest of a person suspected of having committed the offence, and who knows that the person calling upon the person to assist is a police officer, to assist the officer, unless the person knows that there is no reasonable ground for the suspicion; and
(c) it is lawful for any person who finds another committing the offence to arrest the other person without warrant; and
(d) if the offence has been actually committed—it is lawful for any person who believes on reasonable ground that another person has committed the offence to arrest that person without warrant, whether that other person has committed the offence or not; and
(e) it is lawful for any person who finds another by night, under such circumstances as to afford reasonable grounds for believing that the other person is committing the offence, and who does in fact so believe, to arrest the other person without warrant.
This is the law on Preventing a Breach of the Peace
CRIMINAL CODE 1899 – SECT 260
260 PREVENTING A BREACH OF THE PEACE
It is lawful for any person who witnesses a breach of the peace to interfere to prevent the continuance or renewal of it, and to use such force as is reasonably necessary for such prevention and is reasonably proportioned to the danger to be apprehended from such continuance or renewal, and to detain any person who is committing or who is about to join in or to renew the breach of the peace for such time as may be reasonably necessary in order to give the person into the custody of a police officer.
Watch this example of how to deal with officious police. We all have the right to deal with strangers who try to tell us what to do when they have no lawful reason to do so.