QLD Does this classify as police misconduct or corruption?

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Barbie&Kebn

Member
29 August 2023
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Is there authority to stop a vehicle under PPRA sec 3A Jacks Law or have I encountered another case of Police Misconduct?

I reside in Fortitude Valley, which is a safe night precinct.
Recently, I encountered an incident involving QPS and an unmarked police vehicle.
While waiting at traffic lights, I noticed this vehicle drive past me.
I noticed it turned around and stop further up the road where it was obstructing traffic.
It was a bit odd as the vehicle just seemed to be loitering on a busy road where yellow lines indicate cars cannot stop.

When the pedestrian crossing turned green I proceeded to ride across the road and around the corner on my electric scooter.
The unmarked vehicle suddenly followed me and cut me off by pulling in front on the footpath.
The officers did not activate lights or sirens , neither did a give a direction to stop. They simply blocked my way on the footpath.
They exited the vehicle promptly and informed me I was detained as they wanted to use a wand on me to check for weapons because I was in a safe night precinct.


It appears to me that the officer was relying on authority under Jacks Law to detain me and everything that followed.\

Part 3A Jack’s Law
-Authorises an officer to stop a person in a safe night precinct and scan the person with a handheld scanner.
-However the legislator has not gone as far as to authorise an officer to stop a vehicle for the purpose of scanning its occupants.
-Interestingly the legislator has been very specific regarding public transport passing though a safe night precinct and noted officers can not scan people aboard public transport passing through the area.

-I guess police already have an exhaustive list of prescribed reasons to stop a vehicle that it really isn't needed .​
-All they need to do is say they are stoping you for a breath test or to inspect your vehicle to see if it complies with the transport ACT amongst other reasons.​
-But what is not authorised under PPRA section 60 Stopping Vehicles for Prescribed Purpose is stoping a vehicle to use a handheld scanner on the occupant.​

When the officers exited the vehicle immediately I recognise one of them from previous interactions.
The officer claimed to have no memory of our previous interactions however I find that to be a lie.
During a period of around 8 moths of court proceedings I had to engage with the officer on a number off occasions and the officer had to give testimony at my hearings.
My point being there is no way the officer had a sudden loss of memory as he claimed to not have any knowledge of who I am.

The officer engaged in the similar behaviour previously, pulled his police vehicle in front of me on a pathway cutting me off.
If I was to get technical about it the officer engaged in an unauthorised pursuit as defined by the procedure manual and stoped me with force using a method called heading off.
No direction to stop, no lights or sirens and left his vehicle obstructing the footpath, entrance to a building and half hanging onto a busy road.

On this occasion the officer searched me with out a warrant and located a small amount of drugs.
He then detained me at the police station and attempted to question me further while he got a dodgy warrant to search my home.
After the search of my home where my laptops and phones were seized and later examined and the only thing he had to charge me with was 0.2grams of illegal drug and a drug thing.

It was evident that this officer was using "Jacks Law" to circumvent the requirements to hold a reasonable suspicion to search a person without a warrant.

The officers were not conducting wanding in the area which I happened to pass through.
No one else was asked to stop for the purpose of a scan.
The officers followed me in their unmarked vehicle and intercepted me for the stated reason to scan me to detect if I may have any weapons on me.
However I challenge this bogus statement. as it is obvious that a this officer had detained me to search me for illegal drugs which he had no authority to do.

I believe the officer's behaviour falls under what is known as noble cause corruption - he acts with malicious intentions while abusing due process to achieve what he believes is a just outcome.