What rights do you have when under arrest? 

The biggest mistake people believe is that the police are there to "Find the truth" many innocent people fall into this trap. If you are being interrogated, then you can assume the police think strongly that YOU are the criminal and they will do anything within their power (Sometimes outside of their power) to destroy your freedom. Does not matter how innocent or guilty you are, they are there to prove guilt regardless. This means thinking "I am innocent I don't need a lawyer, I am gonna talk to them and get to the bottom of this" is usually what most innocent people who did or are still serving prison time have said to themselves. Police are not your friend, they have a job to do and that job is not in your best interest if you have been arrested, shut up, lawyer up. I have never (Knowingly) broken the law, I don't even have a speeding ticket to my name, but you fucking bet if I get arrested the only things I will be saying is my name and "Can I have a lawyer" then silence.

“The police are there to care for you” do not believe that!

If the police have arrested you they aren't your friend . They will act friendly to put you off guard hoping you will say things that can be used against you . Don't talk to police without a solicitor , remember you do not have to give a statement and it cannot be held against you if you refuse . Police have to prove your guilty and will hope you give them that proof don't make it easy for them .

Wow the police officer was basically telling you to roll over and behave or else

"You wouldn't want someone coming into your workplace and carrying on" there is a difference between someone "Coming into your workplace" and "forceable kidnapping someone and bringing them to your workplace" If I went on the street, grabbed a stranger, handcuffed them and drug them to my place of business, it would be fairly reasonable to expect atleast a little complaint if not downright non compliance. What a joke of a statement that was.

"...do you understand that?" "I don't answer questions"

Since when do you have to give your name and address, when you have not or are not suspected of a crime??? We have the right not to give our details if we have done nothing wrong. Not giving your details if you have done nothing wrong also can not by itself be regarded as a breech of the law. The only time you have to present ID without breaking the law is if you are in charge of a motor vehicle or entering certain GovCo buildings . (1) A police officer may require a person whose identity is unknown to the officer to disclose his or her identity if the officer suspects on reasonable grounds that the person may be able to assist in the investigation of an alleged indictable offence because the person was at or near the place where the alleged indictable offence occurred, whether before, when, or soon after it occurred. (2) A police officer may require a person whose identity is unknown to the officer to disclose his or her identity if the officer proposes to give a direction to the person in accordance with Part 14 for the person to leave a place. (1) A police officer who suspects on reasonable grounds that a vehicle is being, or was, or may have been used in or in connection with an indictable offence may do any one or more of the following: (a) require the driver of the vehicle to disclose his or her identity and the identity of any driver of, or passenger in or on, the vehicle at or about the time the vehicle was or may have been so used or at or about the time the vehicle last stopped before the requirement was made or a direction was given to stop the vehicle, (b) require any passenger in or on the vehicle to disclose his or her identity and the identity of the driver of, or any other passenger in or on, the vehicle at or about the time the vehicle was or may have been so used or at or about the time the vehicle last stopped before the requirement was made or a direction was given to stop the vehicle, (c) require any owner of the vehicle (who was or was not the driver or a passenger) to disclose the identity of the driver of, and any passenger in or on, the vehicle at or about the time the vehicle was or may have been so used or at or about the time the vehicle last stopped before the requirement was made or a direction was given to stop the vehicle. One would have thought that The Law Society of NSW would have at least got that bit correct....... Way to go guys!!!!!!!!

The only time you MUST identify yourself to police is IF you are the driver of a motor vehicle IF you are a security guard and working. IF you have committed an offence OR IF you have witnessed an offence. Police Can NOT demand your name and address when ever they want

Question: The lawyer said you don't need to say anything except name and address. I thought you did not have to give them this information unless they place you under arrest? Except if you're in a car, and they pull you over, you DO have to provide ID.

Lady what are you saying? Have you been watching too many American or British movies? In Australia we have NO RIGHTS guaranteed us under out constitution! NONE! Yes I have read it! Unless I have missed something... which is quite possible too, then I would be very happy to be corrected!

i like that "it can and may be used against you". no no, it will and WILL be used against you. other than your name and address the only two things you say are "i don't answer questions" and "i want my lawyer". be respectful, don't resist and don't be afraid. your lawyer will get it sorted and it will take time so be patient.

Thank you this was very helpful and informative 👍👍

If i break some bones whats the prision time

i think the police lady is lieing

They must not have had that memo back in the 70's and 80's. They had a bloody thick phone book though.

Real-life is not like the policewoman is saying!!!! Police are so lovely they wouldn't mistreat anyone🙄🙄🙄

Talk about PR propaganda. These criminals (police) are not your friends and will use violence against you. Do not talk or cooperate with them - they do not care about you nor have your best interests at heart. It’s nice of them to say you can sort it out in court but that’s rubbish. No matter how innocent you are it’s stacked against you and if you come out the other side you’ll be bankrupt.

Does anybody know if the police can just walk up to you in the street and demand ID on no suspicion of any Crime?

"There are however complicated exceptions, which a lawyer would be able to explain to you" Yeah, if you're even eligible for one. Unlike the US, you're not automatically given the right to an Attorney.

In Canada there's no Miranda law.

"believe on reasonable grounds you have committed an offence ...." Does that mean "indictable" offence or any minor offence? Police tend to try to get away with "any" offence.

I am going through this at the moment. I am completely innocent and I am severely disabled and yet they have been having me attend Court since 2017 when I am so very ill. I'm lucky I was covered by Legal Aid as I lost all my businesses and investments when I fell ill. I'm wondering what happens to people who are unfairly accused of a crime that they did not commit and have paid out tens of thousands of dollars for a lawyer. If/when they win the case, do they have to just accept the financial loss? If so, anybody could accuse anybody of anything and just cost them a fortune. Is this the case?

This lady has some new fans.

it's quite tragic that i, at my age, need to search for advice on arrests - in a 'western democracy' such is australia.

Whoa. I'm going to Newtown to get arrested. And get in a wrestle with Officer Stromquist.

At leased in America you actually have rights.

You don't state when and where we can choose to give name/address/dob and when we don't have the choice. Technically we can remain silent and refuse but it can cause problems later in a valid arrest.

Might be worth a mention that if you want to talk have your lawyer meet you at the cop shop. If you plan to say nothing you won’t want them there.

Under = Vowel + Two Consonants = NO CONTRACT..!! Arrest = Vowel + Two Consonants = NO CONTRACT..!!

Those bangs need to be arrested

this is epic

Stromquist's haircut should be illegal

Any reason they will make one up ! Fact !

The ONLY thing you need to know is keep your mouth shut and call a lawyer. Period

Police can not arrest you under suspicion, you can not arrest someone believing that they are about to commit an offence. They must have committed the offence.. Police must also understand that enforcing an act or statute does not give them powers to do what they want.. No, police can not stop you nor search you .. Searching someone could be classified as a form of rape. You do not have to give ID or or your name unless you are under arrest.. 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

What rights do you have well that depends on whether the cops allow you to have any rights. If you are on your own who is going to ensure that the police are going to permit you any of your rights. The problem with this information is that it all relies on the police doing their part to ensure your rights are paramount. This isn't the case police routinely violate a citizens rights routinely use excessive force. The citizens only recourse is after the event which is to late try telling the police the law your rights what they must do to safe guard your rights and you will be laughed at because they are the arbitrators of what is going to happen not you.

1. Dont resist the arrest. 2. “Could i please have a lawyer?” End of story

Why does she look like, shes been arrested heaps

I like the police woman

They have to have evidence backing their beliefs cant just believe and arrest you lol

0:25 this guy looks like he's on those darn drugs I hear you can get in America.

If it wears a blue uniform,, it’s a narcissist

That's not true ! When the police commit a crime and they are looking for a patsie . There is no line they won't cross ,no law they won't break no lie they won't tell . The case managers and jail house attorneys aren't playing by the rules and the police aren't playing by the rules. The da and the people in the court house aren't playing by the rules . And they hold the little guy ,the person that has nothing. to a higher standard 😢 we all fall short 🙏.

Laywers are in cahootsz with the pigz so it's a waste of time.

Police Propaganda at its highest level.

Do not agree to any tacit offers , keep ripping into the rights violators telling them you are under duress , never UNDERSTAND ! Police care for you pffffff

Why do you have to give your name an address if your have done nothing wrong and are not under arrest. Where is our freemdoms

The movement of the narrating lady’s mouth should be arrested

That lady officers haircut is REALLY annoying.

BS