- Australia's #1 Legal Community is a community of 10,000+ Australians, just like you, helping each other.
Ask a question, respond to a question and better understand the law today!
Join us, it only takes a minute:

SA Can I Do Anything About This Police Arrest?

Discussion in 'Criminal Law Forum' started by Henry211, 23 November 2014.

Find a Lawyer Form
Find a Lawyer Form
Find a Lawyer Form
  1. Henry211

    Henry211 Member

    23 November 2014
    Likes Received:
    A friend was being spoken to by police and I approached him to see if he was all good but one of the police officers told me to go away and pushed me away twice (instead of just letting me walk off). I then asked him for his badge number and he did not give it to me. Then he asked me for my ID, I supplied the information and then I again asked him for his badge number and he did not give it to me instead saying I must leave the area immediately.

    I started to walk off and while walking I asked him again for his badge number (as I walked backwards) he did not give it to me. He then followed me (10metres) and kept saying I must leave the area but the thing is from when he told me to leave I was constantly walking away at a normal walking rate but asking him for his badge ID as he was following me then he said I am under arrest and threw me to the floor (quite forcefully, cuts etc.) even though I was leaving the scene. Back at the station they got my fingerprints, photo, DNA and charged me for failing to cease loitering, but how can they charge me for this when I was walking away and just asking for his badge number after being pushed. Can I do anything about this arrest? I have a clean criminal record and have never run into trouble with them before.

    Also, when in the police station they said I could have a phone call but when I asked to call someone they said after we are done in here not yet (when they were asking me questions).
  2. Sarah J

    Sarah J Well-Known Member

    16 July 2014
    Likes Received:

    1. Yes, if you ask a police officer they should provide you with their name, ID/badge number, rank
    2. If they are arresting you, they must tell you that you are under arrest and the reason for your arrest
    3. You are entitled to the right of silence and to not say anything until legal representation arrives

    You can lodge a complaint or make further enquiries as to your rights by contacting the Police Ombudsman of SA (formerly the Police Complaints Authority)

Share This Page