Thread: What is a weapon?

Originally Posted by DAMINK

You have the RIGHT to remain silent.
No obligation what so ever.

thats in a different context but good pickup, i didnt think of that.

miranda applies only to custodial interrogations (i think)
and miranda isnt australian. in australia it comes under common law (i think).



also, if the police ask you if there is a gun in your pocket (or just happy to see them) and you remain silent, pretty sure your going to be in for a bad time.

Originally Posted by Eevo

thats in a different context but good pickup, i didnt think of that.

miranda applies only to custodial interrogations (i think)
and miranda isnt australian. in australia it comes under common law (i think).



also, if the police ask you if there is a gun in your pocket (or just happy to see them) and you remain silent, pretty sure your going to be in for a bad time.

In Aus we have similar yes.
I have been read these rights on more than one occasion.
Your correct in that these rights are read to you upon arrest and not before.
However at no point are you obligated to answer a single question a cop asks!

You do have the right to remain silent. I have utilized this right many times and a good lawyer would tell you to always refrain from giving the cops any info.
Not even your name! (some will argue this)
See there just cops. Not judges. They are just as prone to bias and bad judgement as the average joe walking down the street.

As to the gun point. You can remain silent but the cops do have the right to restrain you with force if they fear for themselves or the public's safety.
So yea your likely to get tazored or something.

I have a general hatred for police as i have been unfortunate enough to see first hand how corrupt they can be!
I have been taken into the carpark of a copshop and had the crap beaten out of my by a sergeant and a D together!
Just because they wanted me to talk, which i didn't.
But you see how quickly they bend rules to suit there own desires.

Originally Posted by DAMINK

However at no point are you obligated to answer a single question a cop asks!

strictly that's not true.
you are not obliged to give any information to the police, unless the act of refusing to do so warrants a crime. eg. being pulled over and refusing to produce a license or give an alcohol breath test.

in regards to name, the police have the right to detain you until you provide name and address. as to why i'm not sure.


what do police do? they hand out fines and arrest people. they dont hand out lottery wins or employee of the month awards.
knowing that they do what they do, why would you want to speak to them???

Originally Posted by Eevo

strictly that's not true.
you are not obliged to give any information to the police, unless the act of refusing to do so warrants a crime. eg. being pulled over and refusing to produce a license or give an alcohol breath test.

in regards to name, the police have the right to detain you until you provide name and address. as to why i'm not sure.


what do police do? they hand out fines and arrest people. they dont hand out lottery wins or employee of the month awards.
knowing that they do what they do, why would you want to speak to them???

Actually you have the right to not blow in the bag.
You have the right not to go to the cop shop and do the second breath test.
That is fact.
Sure there is consequences but you do have said right.

Originally Posted by DAMINK

Actually you have the right to not blow in the bag.
You have the right not to go to the cop shop and do the second breath test.
That is fact.
Sure there is consequences but you do have said right.

refusing a sample is an offence.
you have the right to request that a blood sample be taken as an alternative to a breath test. i prefer this personally, as my blood de-nurtures very quickly and is un-testable. discovered that one by accident after an MVA.

some notes about providing a sample. you only need to provide a sample if you were the driver and were the driver in the last 2 or 4 hours.

Originally Posted by Eevo

refusing a sample is an offence.
you have the right to request that a blood sample be taken as an alternative to a breath test. i prefer this personally, as my blood de-nurtures very quickly and is un-testable. discovered that one by accident after an MVA.

some notes about providing a sample. you only need to provide a sample if you were the driver and were the driver in the last 2 or 4 hours.

You have the right to refuse!
Yes there are consequences but you have that RIGHT!
Even if you do blow in the bag and your over you then have the right to refuse to go to the cop shop for a second analysis.
Again there are consequences to said actions however i am talking about our rights, not about the best way to approach a situation.

If i was pulled over for ****y driving i would just take it on the chin and blow.
But i have been in the car when mates were driving and they outright refused.
Actually on one of those occasions i got charged with assaulting a cop over them trying to force my mate to comply and i got in the middle.
Even on that day we both went home and did not go with the cops.
My mate got MAX loss of licence time and i got a slap on the wrist.

Im not saying that refusing to blow is the best course of action. Far from it.
But you do have the right to refuse.

Originally Posted by DAMINK

You have the right to refuse!
Yes there are consequences but you have that RIGHT!
Even if you do blow in the bag and your over you then have the right to refuse to go to the cop shop for a second analysis.
Again there are consequences to said actions however i am talking about our rights, not about the best way to approach a situation.

i dont agree.
thats like saying i have the right to murder. yes there are consequences but it's my right.

its a choice, not a right.

Originally Posted by Eevo

i dont agree.
thats like saying i have the right to murder. yes there are consequences but it's my right.

its a choice, not a right.

"If you are drinking and driving you do not have to submit a breath test. There are consequences to doing this. In my state there is an additional $500 just for not submitting the test and you license will be criminally suspended for a year. This is versus a 90 day suspension if you are guilty and submitted a test."

Quoting a cops reply on the interwebs.
Notice what he says. You do NOT have to submit. However its concidered an act of guilt to not submit.

Also you can murder someone in the correct circumstances.
Its called self defense.