Important - Your Rights.

**Oscar** · 7th November 2003, 13:29

This thread was in the Road Bike Section...

http://www.kiwibiker.co.nz/forums/sh...&threadid=1157

But it descended into a buncha pullers comparing traffic tickets…

target motorcyclists
06 November 2003

Waikato road policing staff plan to stop at least one motorcyclist a day this month as part of an ACC motorcycle compliance and safety campaign.

The initiative, called Dying To Be Seen, will see road police stopping motorcyclists to check their driver's licences and warrants of fitness.

Waikato's Highway Patrol acting Senior Sergeant Jeff Penno said the campaign was designed to highlight motorcycle safety, safe driving habits and to make motorists more aware of bikes.

In the 2002-03 financial year motorcyclists made up 1.4 per cent of registered vehicle users but motorcycle crashes made up 18 per cent of ACC claims.

The bottom line is - this is illegal.

If you guys are pulled up by a cop, ask him why.

These wankers can't just pull you over for nuttin' (except for breath testing). It's in the bill of fucking rights!

Section 23 of the New Zealand Bill of Rights Act 1990 sets out some basic legal rights that a person can expect when being "detained" by the Police or other government agency. Being "detained" has a broader meaning than the stricter notion of being "arrested". A police officer must advise a person that they are being arrested for a specific criminal offence, before the person is legally under arrest. Up until this point, there is generally no obligation to accompany a police officer or answer any questions apart from giving a name, address and details about a driver's identity where the person being questioned is a passenger in a motor vehicle.

**750Y** · 7th November 2003, 14:06

"But it descended into a buncha pullers comparing traffic tickets…"

OK I'll bite, Thanks for the information Oscar, oh & the compliments too. please inform all us 'pullers' how many times You have applied this information to good effect.
Generally, the cops don't give a shit about the bill of rights.
eg
I was stopped while walking at night to get some food from the service station.(this is New Plymouth in the winter so I had a beanie & jacket on) I was working night shift at the time and had left jobs running at work. 3 Police cars & 2 security cars descend upon me. I answered all questions truthfully & said I had to get back to work after getting a pie.
they said "You're not going anywhere", I said "I know my rights" to which the reply was shouted back "Look mate, right now You don't have any rights". the guy at the gas station threatend to 'call the cops' to make a complaint about them.
or My mate who was apprehended while getting his sleeping bag out of the back of his car one night outside my house (on private property) & thrown handcuffed into the back of a police car.(sorry, wrong color ...again).
Man I have a list of this crap as long as my arm which i won't bore evryone with.
I would politely suggest that You have very little experience dealing with police on the street.

**Lou Girardin** · 7th November 2003, 14:39

The Police can stop you for a licence or vehicle check whenever they please. They cannot search you or your vehicle except under certain drug or firearm provisions.
It's an unfortunate fact of life that your age, dress and manner make a big difference to the cops attitude. They wouldn't try that 'you have no rights' bullshit on a middle aged man in a suit.
But if you know your stuff, it's fun to call their bluff.
Lou

**bikerboy** · 7th November 2003, 15:05

I won't get into the particulars bit I know for a fact the police trample on peoples rights all the time. In the end it's your word against theirs unless you have witnesses, and they are very carefull about that.

There are a whole host of "charges" that can be laid against you if they want to hastle you, loitering, offensive behavior, offensive language, interfering with a policeman in the course of his duty, etc. Then after you try to make a case against them they just drop the charges and your stuffed,

**Oscar** · 7th November 2003, 15:15

These are your rights.
Protect them.
You are perfectly entitled to ask: "Why did you stop me?"
and then say: "I'm sorry, I do not have to discuss this with you - I am leaving now"

Any further questioning should have you asking "Am I being arrested?"

Asked in a polite and forceful manner, this works - it has for me.

**Jackrat** · 7th November 2003, 15:21

Standing on the side of the road,middle of the night,one of me,two of them,slightly brown skin,bill of rights,yeah sure, I may as well change my name to,your fucked mate.
Been there,not a nice place.

**Nouseforaname** · 7th November 2003, 16:28

You and you rights? I have many examples of when ive had no rights!

One night i was walking through the city, my mate asked me for a ciggie, so i took out my pack and handed him one..... a bunch of cops about 100 metres behind us saw this and pounced on us thinking i was handing him drugs or something. I was polite and answered all questions until one cop put his hand into my pocket and started searching me. I told him i didnt consent to a search ( not because i was hiding something but out of prinicpal ), so i take the cops hand and forcefully remove from my pocket. Next i know im getting broken down by the cops.

End result, one bruised eye from where a cop nailed me, assult on a police officer and a resisting arrest charge!

And all of this because a cop didnt respect my rights as a human being and just stuck his hand into my pocket.

**Slim** · 7th November 2003, 17:14

Originally posted by Oscar
The bottom line is - this is illegal.

If you guys are pulled up by a cop, ask him why.

These wankers can't just pull you over for nuttin' (except for breath testing). It's in the bill of fucking rights!

What about when the police block off the road just to do warrant/rego checks (looks like a breath test station, but isn't)???

I know that the Police have the Traffic Law to act under in conjunction with standard law and it changes slightly the circumstances in which they can pull you over as opposed to what would happen if you walking down the street under your own power.

You could investigate the Traffic Law & report back to us or wait until I've got clarification from my "horses mouth".

And I have to say that if you present that attitude when you're pulled over by a cop, you must get done for everything!!

**Oscar** · 7th November 2003, 17:20

Originally posted by Slim
What about when the police block off the road just to do warrant/rego checks (looks like a breath test station, but isn't)???

I know that the Police have the Traffic Law to act under in conjunction with standard law and it changes slightly the circumstances in which they can pull you over as opposed to what would happen if you walking down the street under your own power.

You could investigate the Traffic Law & report back to us or wait until I've got clarification from my "horses mouth".

And I have to say that if you present that attitude when you're pulled over by a cop, you must get done for everything!!

Nope.
I'm white, middle aged and professional.
Under traffic laws you have the "right of innocent passage". A WOF road block relies on the motorist's willingness to co-operate. If you didn't stop, and weren't otherwise infringing, what would they charge you with?

**Slim** · 7th November 2003, 17:30

Originally posted by Oscar
A WOF road block relies on the motorist's willingness to co-operate. If you didn't stop, and weren't otherwise infringing, what would they charge you with?

Running over Police Officers???

**Big Dog** · 7th November 2003, 20:31

Failing to stop when directed by an officer of the law. is the charge you are looking for.

You are quite right under the bill of rights you have no obligation to stop.

But if you read the little form you filled out when you applied for your license you consent to "following lawful directions of duly appointed officers" as part of the conditions of your license.

Effectively they can't detain you unless you try to not stop or they get probable cause for a drug or gun search. But they can detain your car with or without your consent!

A freind tried to get smart in NP having just done a course on the bill of rights so they impounded his car "awaiting a warrant to search the car". 72 hours without a car sux when your in Hawera going home to NP.

The bill of rights aint the be all and end all.

Protect your rights but be pleasant, inoffensive and calm.

Placing an uninvited hand on a police officer is assualt now.

**Big Dog** · 7th November 2003, 20:33

P.s no warrant was ever issued, no charges ever laid but one hell of an inconvenience.

**wari** · 8th November 2003, 07:48

Well , I think there are a lot of wrong rights anyway ...

**lanesplitter** · 8th November 2003, 09:27

Waikato's Highway Patrol acting Senior Sergeant Jeff Penno said the campaign was designed to highlight motorcycle safety, safe driving habits and to make motorists more aware of bikes.

could this be the same acting senior sergeant jeff penno that rides a ZZR600 (like a fucking maniac from what i've seen) with the personalised plate PENNO ????

**scumdog** · 8th November 2003, 11:42

Take it from me, some cops like nothing more than to have a half-assed bush lawyer saying "I know my rights, you c***s can't do f*** all now piss off", they see it as a challenge to see what they CAN do.
B.T.W did you know it was an offence now to have an "insecure spare tyre"? so I gues you'll have to open the boot so they can check.
And as someone else said, you won't get very far trying to tell them it is illegal to pull you over.
Funny how if one Toyota driver cuts you off that all Toyota drivers aren't pricks but hoo-boy, one bad run in with the man means they are ALL wankers.

Have a happy day!!!