NSW Police searches

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Hobey

Member
29 May 2021
2
0
1
I'm just wondering what constitutes and illegal search. As I was sitting on a crowded train station at 9am this morning when two police walked by me. One of which pinched me resently for no ticket. I was dressed casually, but clean in runners, track pants and hoodie sitting reading a book. When they singled me out and approached me. Asking if I'd had an Opal card. Which I then presented. Then I was asked for my I.D. which I presented. Then I was asked to accompany them a short distance along the platform. Where they proceeded to give me a full pat down and search through my bag and belongings.. I know that they can search on suspicion
I'd really like to know what what constitutes suspicion.. or can they just pick on anybody they feel like?
 

sammy01

Well-Known Member
27 September 2015
4,709
675
2,894
Sadly, they can make up 'suspicion'. Maybe they 'smelt' pot on you...
 

Rod

Lawyer
LawTap Verified
27 May 2014
7,087
954
2,894
hoodie = suspicion

Suspicion has to be reasonable and the circumstances will define what is reasonable. It is arguable in your case the suspicion was not reasonable.

Generally the safest course is to say I do not consent but will not resist. Then see what what happens afterwards if you end up being arrested.

Resisting police is not a wise step.