A police check is usually routine, but it helps to know what officers can ask of you, what you can ask of them, and how to respond if something seems wrong.
Identification
If an officer asks who you are, you must give your personal details; refusing, or giving false details, is an offence (Articles 651 and 496 of the Criminal Code). If your identity cannot be established, you can be taken to a police office for identification, but only for the time strictly necessary and within the limits set by law.
Searches
As a rule, a search of your person, your car or your home requires an order from the judicial authority. The police can act without one only in specific urgent cases, for example when there is reason to believe weapons or drugs will be found, or in cases of flagrant crime.
- You may ask to have a person you trust present, if they can come without delay.
- You are entitled to a copy of the written record (verbale) of the search. Read it before signing and note any disagreement.
Drivers: alcohol and drug tests
Drivers can be asked to take breath and drug tests. Refusing is itself an offence and is punished as severely as the most serious level of drink-driving, with suspension of your licence. Before the test, officers must tell you that you have the right to be assisted by a lawyer, although the test does not have to wait for the lawyer to arrive.
Stay calm, challenge later
Do not physically resist or argue at the roadside, even if you think the check is unjustified: resistance is a separate offence. Note the time, place, officers' details and any witnesses, keep copies of all documents, and contact a lawyer. Irregular searches and fines can be challenged afterwards through the proper channels.
This article provides general information and is not legal advice. Every situation is different: for advice on your case, please contact us.