Highway Patrol making stuff up

[Ixion]

Hm. I'm not clear if the mailbox incident was before or after the date of the alleged offence. HP checking out your mailbox THEN a ticket arriving does seem a bit suspicious. Makes one wonder about someone complaining about "that dreadful motorcyclist who lives at No .... " , and the cop needed to find out who you were to "arrange" a ticket. Rather a big coincidence otherwise.

T'other way, seems innocuous enough.

[Skyryder]

Sounds to me like a case of mistaken identity, nothing more. Cop wanted to confirm who lived at the address.

He fucked up, I doubt wether he had a personal vendetta or anything.

Some of you guys REALLY need to lay off the conspiracy theorys.

He could have knocked on the door and asked. There's no conspiracy here WT. Just a copper acting in a suspicious manner. He needs to be asked by his superiors 'what and why' he was opening up a letter box. And his explanation needs to be given to the home owner. That would be the very minimum courtesy.

We all wait in anticipation..............hopefully not in vain.

Skyryder

[spudchucka]

Just a copper acting in a suspicious manner. He needs to be asked by his superiors 'what and why' he was opening up a letter box.

Skyryder

I've had a quick look at the legislation, (Postal Services Act1998) and it doesn't appear that opening a mail box is an offence.

Opening mail certainly is, (section 23, punishable by 6 months prison or $5000 fine).

Disclosing information as to the contents of that mail once opened is another offence, (section 20 - same penalties).

I can't speak for this cop because I don't know what his intentions were but when I've been trying to track down offenders with warrants to arrest I've examined the contents of mail boxes as an investigative means of determining who resides at an address, (all you are interested in is the name on the mail, not the contents).

To seize mail and examine its contents would require a search warrant, as far as I can tell simply opening a mail box and looking at its contents isn't an offence. In fact I would suggest that anyone has a common law right to open a mail box, (how else would you post something that is too large to insert through the slot at the front).

It will be interesting to hear what the outcome of this is.

[marty]

but it's much more fun chasing false accusations and conspiriciary stories

[Shadows]

He saw the CCTV camera and thought it was a tinny house. The ticket is a totally unrelated matter.

[Skyryder]

I've had a quick look at the legislation, (Postal Services Act1998) and it doesn't appear that opening a mail box is an offence.

Opening mail certainly is, (section 23, punishable by 6 months prison or $5000 fine).

Disclosing information as to the contents of that mail once opened is another offence, (section 20 - same penalties).

I can't speak for this cop because I don't know what his intentions were but when I've been trying to track down offenders with warrants to arrest I've examined the contents of mail boxes as an investigative means of determining who resides at an address, (all you are interested in is the name on the mail, not the contents).

To seize mail and examine its contents would require a search warrant, as far as I can tell simply opening a mail box and looking at its contents isn't an offence. In fact I would suggest that anyone has a common law right to open a mail box, (how else would you post something that is too large to insert through the slot at the front).

It will be interesting to hear what the outcome of this is.

Perhaps the measures that you have taken could be argued as acceptable if indeed their is no offence in checking mail for names as to who lives on the premises, if no one is at home. But any form of 'prying' for any reason can lead to situations of compromise.

As a police officer you have connections to the Crown Law Office. Maybe a query to your superiors on this would enlighten not only myself but others on here also.

I agree I hope we do hear what the outcome is...............if for no other reason, that the 'incident' was completly innocent.

Skyrder

[spudchucka]

I've been on leave for seven weeks, I start back on Wednesday for 7 nights of night shift, it won't be on my priority list I'm afraid.

I'm sure Jimbo will tell us what happens in the end.

[Skyryder]

I've had a quick look at the legislation, (Postal Services Act1998) and it doesn't appear that opening a mail box is an offence.

Opening mail certainly is, (section 23, punishable by 6 months prison or $5000 fine).

Disclosing information as to the contents of that mail once opened is another offence, (section 20 - same penalties).

I can't speak for this cop because I don't know what his intentions were but when I've been trying to track down offenders with warrants to arrest I've examined the contents of mail boxes as an investigative means of determining who resides at an address, (all you are interested in is the name on the mail, not the contents).

To seize mail and examine its contents would require a search warrant, as far as I can tell simply opening a mail box and looking at its contents isn't an offence. In fact I would suggest that anyone has a common law right to open a mail box, (how else would you post something that is too large to insert through the slot at the front).

It will be interesting to hear what the outcome of this is.

No but it's very clear in the New Zealand Bill of Rights Act 1990

My wifes a JP and she had a look through some corrospondance that the Canty JP Association flicks of periodicaly for their 'education' on legal matters etc.

I she gave me some interesting comments from the 'blurbs.' in respect of SEARCH WARRENTS.

Legislation

New Zealand Bill of Rights 1990

Section 21 [Unreasonable Search and Seizure]
Everyone has the right to be secure against unreasonable search or seizure, whether of the person, property, or correspondence, or otherwise.

**

The starting point here is that people have a right 'not' to be searched or have their 'property' searched. The letter box and its contents are private property. Now you have the right to enter the property. No dispute. If in the course of entering property and walking up to the door you see some stolen property or whatever you actions will not constitute a search. But if you decide to take a 'nosy' around the property i.e. leave the path to the dwelling for example then the legislation is very clear.....Section 21 in part.......Everyone one has the right to be secure against unreasonable search or seizure, whether of the person, property,.etc .......Section 21 also clearly defines corrospondance. The removal of mail from a letter box is for whatever reason a search under section 21 of the NZ Bill of Rights, of that there is not the slightest of doubt and as such illegal.


Skyryder

[mikey]

Skyryder

dont get your wife/jp buddies/law writers/ law/ spudchucka wrong but i think i have mis read or mis interpreted somewhere along the lines

say officer bumble bee is walking up my path to the front door (worn down grass, not over growen grass) he knocks on door, no one answers, but is nosy he takes a few steps off the beaten path,

finds my grow shed witha hundred plants, my asian slave family locked up in there cage, maris in the garage ripping up the latest bmws and harelys ive stolen, uncle jo molesting cousin beth on the stoep, and cousin earl in the back shed trying to brew me some real meth.....

officer bumblee bee would have no legal grounds to arrest anyone as he had no legal grounds to search? maybe i should build i big massive fuck off wall around the house and not answer the gate. sorted. tell me im right.

[Big Dog]

dont get your wife/jp buddies/law writers/ law/ spudchucka wrong but i think i have mis read or mis interpreted somewhere along the lines

say officer bumble bee is walking up my path to the front door (worn down grass, not over growen grass) he knocks on door, no one answers, but is nosy he takes a few steps off the beaten path,

finds my grow shed witha hundred plants, my asian slave family locked up in there cage, maris in the garage ripping up the latest bmws and harelys ive stolen, uncle jo molesting cousin beth on the stoep, and cousin earl in the back shed trying to brew me some real meth.....

officer bumblee bee would have no legal grounds to arrest anyone as he had no legal grounds to search? maybe i should build i big massive fuck off wall around the house and not answer the gate. sorted. tell me im right.

Until someone gives them a reason.
or until sights sounds or smells from the public domain attract just cause.

[spudchucka]

No but it's very clear in the New Zealand Bill of Rights Act 1990

My wifes a JP and she had a look through some corrospondance that the Canty JP Association flicks of periodicaly for their 'education' on legal matters etc.

I she gave me some interesting comments from the 'blurbs.' in respect of SEARCH WARRENTS.

Legislation

New Zealand Bill of Rights 1990

Section 21 [Unreasonable Search and Seizure]
Everyone has the right to be secure against unreasonable search or seizure, whether of the person, property, or correspondence, or otherwise.

**

The starting point here is that people have a right 'not' to be searched or have their 'property' searched. The letter box and its contents are private property. Now you have the right to enter the property. No dispute. If in the course of entering property and walking up to the door you see some stolen property or whatever you actions will not constitute a search. But if you decide to take a 'nosy' around the property i.e. leave the path to the dwelling for example then the legislation is very clear.....Section 21 in part.......Everyone one has the right to be secure against unreasonable search or seizure, whether of the person, property,.etc .......Section 21 also clearly defines corrospondance. The removal of mail from a letter box is for whatever reason a search under section 21 of the NZ Bill of Rights, of that there is not the slightest of doubt and as such illegal.


Skyryder

Ask her to explain the Shaheed balance test.

[Dafe]

officer bumblee bee would have no legal grounds to arrest anyone as he had no legal grounds to search? maybe i should build i big massive fuck off wall around the house and not answer the gate. sorted. tell me im right.

Nah Mikey, You can't just build a wall these days, Bloody councils. You'll have your place crawling with cops disguised as building consentors.
Thats as much as 30 police visits.

Stick to your doberman/s and move your mail box a couple of metres back from the fence/pathway. Paint a red bullseye with "Throw here!" written on it.

Keep up the Positive Re-enforcement dog training too.
Chocolate drops for every Police Officer Joe teddy Bear that gets ripped apart.

and keep Uncle Jo, the Mari's and your Asian Slave family out of view. Shame you don't have any closet space to hide them in.

[jimbo600]

dont get your wife/jp buddies/law writers/ law/ spudchucka wrong but i think i have mis read or mis interpreted somewhere along the lines

say officer bumble bee is walking up my path to the front door (worn down grass, not over growen grass) he knocks on door, no one answers, but is nosy he takes a few steps off the beaten path,

finds my grow shed witha hundred plants, my asian slave family locked up in there cage, maris in the garage ripping up the latest bmws and harelys ive stolen, uncle jo molesting cousin beth on the stoep, and cousin earl in the back shed trying to brew me some real meth.....

officer bumblee bee would have no legal grounds to arrest anyone as he had no legal grounds to search? maybe i should build i big massive fuck off wall around the house and not answer the gate. sorted. tell me im right.

Um I believe that under the misuse of drugs act there is a power to search without warrant.

[Skyryder]

dont get your wife/jp buddies/law writers/ law/ spudchucka wrong but i think i have mis read or mis interpreted somewhere along the lines

say officer bumble bee is walking up my path to the front door (worn down grass, not over growen grass) he knocks on door, no one answers, but is nosy he takes a few steps off the beaten path,

finds my grow shed witha hundred plants, my asian slave family locked up in there cage, maris in the garage ripping up the latest bmws and harelys ive stolen, uncle jo molesting cousin beth on the stoep, and cousin earl in the back shed trying to brew me some real meth.....

officer bumblee bee would have no legal grounds to arrest anyone as he had no legal grounds to search? maybe i should build i big massive fuck off wall around the house and not answer the gate. sorted. tell me im right.

All da Man gotta do is holla' Hey Mikey........hey Mikey. Go figure.

Skyryder

[Skyryder]

Um I believe that under the misuse of drugs act there is a power to search without warrant.

Yes but the police still need reasonable cause. Section 21 states.

Everyone has the right to be secure against unreasonable search or seizure, whether of the person, property, or correspondence, or otherwise.

The sticky point is what information or evidence is reasonable. This thread was about an HP officer 'rifleing' through a letter box. And it is pretty clear both in action and intent that any kind of search on a property without a warrent or without reasonable cause is illegal.

Skyryder