So, a rozza enters my home...

[Forest]

I am not your lawyer. This is not legal advice. Having said that:

The cop was within his rights to follow you in and ask for a breath test. He actually would have been in his rights to compel you to take a breath test. I'm surprised that he backed down without calling for backup.

I encourage you to make a complaint. If only so I can laugh when you get knocked back.

[tri boy]

If an officer can not identify if a person was even in a car, let alone driving it, how can he request a evidential breath test. (remember, he was at least 100mtrs away when he saw a car pull into our gate, and when he turned up, no one was in a car, but i was the closest human, patting a dog), I think the judge would laugh at the copper.
If he had grounds to charge for anything, he would not of walked out of the house.
He was way out of line, and in the end he realised it.

[fredie]

get on the bed . give him a dna sample

[tri boy]

Would prefer a tasty female rozza.

[Katman]

Allowing the officer to follow you into the house while you casually went and logged onto your email server doesn't sound like the actions of a particularly sober individual to me.

You sure it wasn't more a case of - a few beers at work on the Thursday afternoon before a long weekend and then coming home to a situation that had you sweating blood trying to talk your way out of?

[Skyryder]

If the police can positively identify the driver they can ask for a breath test anywhere. I think the cop was pushing the boundries in the expectation that he would comply. When he did not said cop made the right decision that any half decent lawyer could have demolished his evidence without even trying.

However on this note can anyone remember the thread on the cop searching the letter box. What was the outcome of that. Anyone recall.


Skyryder

[Skyryder]

edit - and the Hells Angles comments are perfectly valid - Just because its a Marae dosn't mean that they is nobody there who isn't of a criminal persuasion.

Well let's put it this way. Suppose the police requested a meeting with the Hells Angels or for some strange reason that none of us could comprehend and they were invited onto the property I doubt that the police would enter with camera's.

Or another sceniaro you were holding a party and some of your guests were posing as bikers and started taking photo's of your guests but later you found out that they were the police. That is acceptable to yourself as the host??

Bottomline is that the police were posing as tourists and there for the specific purpose of spying.

Nothing wrong with your opinion on this providing you use the same rules for your self as you do for others.


Skyryder

[tri boy]

Allowing the officer to follow you into the house while you casually went and logged onto your email server doesn't sound like the actions of a particularly sober individual to me.

You sure it wasn't more a case of - a few beers at work on the Thursday afternoon before a long weekend and then coming home to a situation that had you sweating blood trying to talk your way out of?

As usual, you seem to miss points in the original posts of others, and make up your own stories.
I was sober. Just annoyed that the young fulla instantly tried to stick a plastic rozza toy in my face.
99% of the time they are decent boys n girls, but this bloke was full of beans, and taking liberties.
Demanding (in a polite way) to prove I lived there. Once I had, he still pushed for a breath test, even though others around me (except the dog) could of been in the car. So I got miffed, and proved to him he was wasting every bodies time. But hey, believe your version if you wish, and let the rozza's walk all over you.

[Katman]

I was sober.

Or perhaps you just hoped you were when you got in your car to drive home?

So why didn't just blow in the bag to put him in his place?

My bullshit meter is going haywire.

[pritch]

There was a case many moons ago now, like before some KBers were born.

The Police chased a car and eventually caught it. The driver, however, had done it on his toes and was no longer present when the constabulary got themselves sorted.

The Police then asked one of the passengers to blow in the bag. He refused and the Police prosecuted.
He was found guilty of refusing a breath test, despite the guilty party coming forward and owning up prior to the court appearance.

The judge said that according to the law if you refuse a breath test you must go to jail. The law did not require that you actually be the driver. So off to jail the poor bastard went.

The law may have changed since then. Or not. I suggest seeking professional advice before refusing a breath test...

[tri boy]

My bullshit meter is going haywire.

Troll somewhere else knob cheese.


Interesting story pritch.
It will be interesting to see what the complaints authority comes back with.

[Katman]

It will be interesting to see what the complaints authority comes back with.

Especially now you've had two days to sleep it off.

[Kickaha]

There was a case many moons ago now, like before some KBers were born.

The Police chased a car and eventually caught it. The driver, however, had done it on his toes and was no longer present when the constabulary got themselves sorted.

The Police then asked one of the passengers to blow in the bag. He refused and the Police prosecuted.
He was found guilty of refusing a breath test, despite the guilty party coming forward and owning up prior to the court appearance.

The judge said that according to the law if you refuse a breath test you must go to jail. The law did not require that you actually be the driver. So off to jail the poor bastard went.

The law may have changed since then. Or not. I suggest seeking professional advice before refusing a breath test...

I saw a similar thing in court in 1989, they did a runner with 4 people in the car and then bailed out ,so when the cops caught them they wanted to breath test all of them,one guy refused saying he wasn't the driver and they were trying to pull his licence and if I remember correctly they did

[Lias]

Seems a weird place to have a checkpoint.. Who they trying to catch people leaving the cock and bull and heading down tasman rd?

[tri boy]

Not sure. But it is only about 1-2km from the Avalon Dr h/way base, so logistically it's good for them.
Plus Te Kowhai Rd has gotten extremely busy since The Base shopping cntr opened, and Harvey Norman etc set up on the Boulevard.
The check point is usually past Tasman Rd turn off, further towards Ruffel Rd on the straights.