Police visit on March 21, 2019 at 3pm to try and scare me for having an opinion…they didn’t stay long.
As you can see in the video, I told them I have a right to Freedom of Speech and to bugger off!
Here is the Video:
They did…they buggered off! They could do nothing else because they didn’t have a Warrant for my Arrest. Nor did I give them permission to interact any further with me. I certainly wasn’t going to invite them into my home so that they could harass me.
Under our Common Law and the Commonwealth of Australia Constitution Act 1901 we have many inherent rights granted to us by the Magna Carta, the 1688 Bill of Rights (England) and others.
These rights guarantee us Freedom of Movement and Freedom of Speech.
Under these Bills and Acts you have certain inalienable (cannot be changed by legislation) rights. You need to know what they are when dealing with the police.
You notice that I did not give the police any chance to discuss their matters with me. I simply stated that I have a right to freedom of speech and they had to Bugger Off!
Whenever you are stopped by the police, ask them two questions:
- Are you employed to uphold the law? Of course, they will answer that they are. That is when you show them the document below and explain that they are breaking a law passed by the High Court, and then ask if you are free to go, as they do not suspect you of committing a crime.
- Please show me your bond and insurance – If they continue to harass you, ask them to show their bond and insurance. As they are corporate employees they must have a bond and insurance to protect them from litigation for any harm they do. They are always personally liable for their actions. Explain to them that if they continue to break the law you can arrest them and summon them to a Common Law Court to hold them accountable.
Print out and keep the advice below in your car at all times…
The following explains Police Powers and You:
The Commonwealth of Australia Constitution Act 1901, Section 109 states… When a law of a State is inconsistent with a law of the Commonwealth, the latter shall prevail, and the former shall, to the extent of the inconsistency, be invalid.
Common Law as embodied in the Magna Carta 1215, the English Bill of Rights 1688, and the Commonwealth of Australia Constitution Act 1901 guarantee the right of people to go about their lawful business unhindered by the police or anyone else as long as you are not suspected of committing a crime. Common Law is the highest law in the land and therefore all State laws must be consistent with Common Law.
The State Acts that the police rely on to justify stopping drivers for a Random Breath Test (RBT) are inconsistent with the law of the Commonwealth and Common law, and that makes them invalid.
Being pulled over for a Random Breath Test does not constitute a crime. Therefore, the police have no right to pull you over without due cause, or to make any other demands on anyone, as confirmed in these court decisions.
However, we do not condone anyone drink driving. It is dangerous and stupid.
We repeat: Never say anything to the police except to demand your rights. Anything you say can and will be used by them against you. Even the most innocent statement can be twisted to make you look guilty. So, when stopped by the police SHUT UP!
If they police admit that have no reasonable grounds to suspect you have committed a crime, ask if you have committed a crime. When they say no, as they must, tell them that means you are free to go. Keep saying this until they realize you know the law. Never say anything else.
The following judgments make it very clear that the police do not have the power or authority to stop you for any reason unless they suspect you have committed a crime.
1. Regina v Banner (1970) VR 240 at p 249 – the Full Bench of the Northern Territory Supreme Court
In this judgement, the NT Supreme Court handed down a ruling that, “(Police officers) have no power whatever to arrest or detain a citizen for the purpose of questioning him or of facilitating their investigations. It matters not at all whether the questioning or the investigation is for the purpose of enabling them to ascertain whether he is the person guilty of a crime known to have been committed or is for the purpose of enabling them to discover whether a crime has or has not been committed. If the police do so act in purported exercise of such a power, their conduct is not only destructive of civil liberties but it is unlawful.”
2. Andrew Hamilton Vs Director of Public Prosecutions – Justice Stephen Kaye – Melbourne Supreme Court ruling – 25 November 2011
“It is an ancient principle of the Common Law that a person not under arrest has no obligation to stop for police or answer their questions. And there is no statute that removes that right. The conferring of such a power on a police officer would be a substantial detraction from the fundamental freedoms which have been guaranteed to the citizen by the Common Law for centuries.”
3. Magistrate Duncan Reynolds – Melbourne – July 2013
“There is no common law power vested in police giving them the unfettered right to stop or detain a person and seek identification details. Nor, is s.59 of the (Road Safety) Act a statutory source of such power.”
NOTE: None of the above precedents have been overturned on appeal or in the High Court. They still stand today and you can point out to the police that they are acting unlawfully if they continue to detain you without due cause to believe you have committed a crime.
Download this document. Print it out and carry it with you all the time. If you are stopped by the police and they do not suspect you of committing a crime cite the High Court Laws and tell them you have no business with them.
More cases are contained in this article showing that the police have no right to detain anyone unless they arrest you on suspicion of committing a crime.
https://jade.io/article/257861
If you have not been arrested for a crime you have every right to refuse to cooperate with the police.
If you are arrested, keep your mouth shut. You are under no obligation to answer any questions, apart from a request to produce some form of identity.
KNOW YOUR RIGHTS UNDER THE LAW AND THE LAW CANNOT VICTIMIZE YOU
30 January 2020 — Additional information added
OUR RIGHTS TO FREEDOM OF MOVEMENT UNDER THE LAW
We, the People of the Commonwealth of Australia, have the right to move about freely without let or hindrance of anyone… including the police. If you are told to “move on”, stop talking public, stop for an RBT, or any other reason when you have not committed a crime, you have the right to tell them to bugger off!
CRIMINAL CODE 1899 – SECT 546
Arrest without warrant
generally
http://www5.austlii.edu.au/au/legis/qld/consol_act/cc189994/s546.html
546 ARREST WITHOUT WARRANT GENERALLY
When an offence is such that the offender may be arrested without warrant generally—
(b) it is lawful for any person who is called upon to assist a police officer in the arrest of a person suspected of having committed the offence, and who knows that the person calling upon the person to assist is a police officer, to assist the officer, unless the person knows that there is no reasonable ground for the suspicion; and
(c) it is lawful for any person who finds another committing the offence to arrest the other person without warrant; and
(d) if the offence has been actually committed—it is lawful for any person who believes on reasonable ground that another person has committed the offence to arrest that person without warrant, whether that other person has committed the offence or not; and
(e) it is lawful for any person who finds another by night, under such circumstances as to afford reasonable grounds for believing that the other person is committing the offence, and who does in fact so believe, to arrest the other person without warrant.
This is the law on Preventing a Breach of the Peace
http://www5.austlii.edu.au/au/legis/qld/consol_act/cc189994/s260.html
CRIMINAL CODE 1899 – SECT 260
260 PREVENTING A BREACH OF THE PEACE
It is lawful for any person who witnesses a breach of the peace to interfere to prevent the continuance or renewal of it, and to use such force as is reasonably necessary for such prevention and is reasonably proportioned to the danger to be apprehended from such continuance or renewal, and to detain any person who is committing or who is about to join in or to renew the breach of the peace for such time as may be reasonably necessary in order to give the person into the custody of a police officer.
Watch this example of how to deal with officious police. We all have the right to deal with strangers who try to tell us what to do when they have no lawful reason to do so.
British Police get their wrists slapped for fining people not obeying Covid edicts
The UK High Court has ruled that British Police are breaking the law when they fine people for not giving their personal details so that can be fined for not following the unlawful Covid edicts:
59 thoughts on “Your Rights and the Police”
he was nice and polite, (maybe he wanted to join your group) Extremely unusual, Though in all reality, you should have a No Trespassing sign on your gate, with a spring to keep the gate closed, and no guns allowed, all along the lines of (Access by Investigation only, or trespass applies, also no guns allowed on this property) violation $500,000.00 for each violation.
Sound advice, but unfortunately I don’t even have a front fence let alone the gate.
Mike, is this in the colony commonly know as News South Wales?
It is true for all states in the Commonwealth of Australia.
Hi Mike, just a quick question. Has the video below yours been changed to a different one recently? I recall seeing one of a gentleman pulled up by police in his car whilst traveling. I can’t seem to find it anywhere now. Is this a new one you have put up of the man at the supermarket as the was removed? Thanks. arlo
No, I didn’t change the video. But you may have seen the other video somewhere else.
Hi arlo,
Perhaps it was the video on youtube by an Australian, Romley Stewart: called Proclamation? About police in Qld being brutal and acting above the law, regarding a drivers licence needed to drive. A licence is only needed for those engaging in commercial transport on public roads and interstate commerce. None needed if you are just ‘travelling’ in your car and not a ‘vehicle’. Abstain from using the words “vehicle” and “driving” when speaking to the officers. Our constitution allows us to freely travel. There is more to this topic – for another day.
Your a true blue Aussie legend! Australia needs more mike holts in it! Police seem to think they can do whatever they like. I was stopped, detained, searched. And then arrested for obstruct police after not giving my consent to a search because I had done nothing wrong. They seemed to think that had all the rights under the sun when in fact they had none at all. They used the obstruct police charge to warrant a search that I still didn’t give them consent for. Another $187 in the police kitty just for putting me in the watchouse. Putrid police tactics at their best!
100% ✔ ✔ ✔
If they searched you without consent did they find anything on you ??? if not that would be rape ????
It’s worse than that. All police, magistrates, judges, politicians, Mayors, Council CEO’s and others serving the political party corporate ‘government’ are aiding and abetting TREASON. Read this:
https://cirnow.com.au/how-the-political-parties-stole-our-future/
As per the previous question, “Birth Certificate Content Review New South Wales Registry of Births Deaths and Marriages 2014” are you familiar with this production?
how do corporations use your birth certificate to trade for money please ring 0400220334 to give me a answer
Sorry, I can’t call everyone who asks. Please do the research using Google. The answers are out there.
Can a nz citizen living in australia 53yrs…be deported and called an “illegal Alien” no visa or passport were required in 1964.i thought nz was commonwealth country..i worked for govt 33yrs….married..3kids 4grnd kids etc..when returningbfrom overseas i was locked up in detention for a year…no one ever said anything to me when travelling about needing a visa or renewing a permanent residency..a GP in nz said that he thought people who live more than 10yrs in aust. Couldnt be deported…can you advise me plse…AAT hearing on my own.no lawyer..the ABF decision for me was mixed up with a sri lankin male refugee …AAT judge said it was probly a cut and paste error…
Great Question…i wonder if they can deport you. I have a visa been living in Aussie since 1988. I guess if they want us out we head to the camps
Locked up travelling between nz and australia? Or returning from further overseas? Sri Lankan or Indian background, if any, may come into it also, although I didn’t see England or English mentioned.
It applies to all countries.
Thank You Mike….. In the town of Norseman W.A. We have been continually harrassed and physically assaulted by Police for no reason other than the false accusations they have thought up in their heads. Many of us are sick to our stomachs with their filthy crap so I am going to make sure peoples know their rights under true law. Even the magistrates are frauds they only ever listen to the police not to the innocent people standing in the room with them trying to defend themselves. They have charged myself with over $14,000.00 worth of false charges! They are not getting one cent from me. They are FRAUDS and LIARS.
You find the legal perimeter of the property and run a single line of fishing line around it with a flag hanging on it then place the bin with a no trespassing sign on it next to the fishing line at the front of the property. Anyone that ignores it is guilty of trespassing.
So do the police only have the right to stop u if they believe you have committed a crime against a common law? What about when they believe u have committed a crime against a state law that is inconsistant with common law? Is common law ultimately the only law in which we need to abide by?
look under hamilton verses public prosucutions melbourne that tell u from the horses
mouth 25 12 2011
This website claims…..
NOTE: None of the above precedents have been overturned on appeal or in the High Court.
But I found this…..
Thursday 18 December 2014
An appeal decision has been handed down in the Victorian Supreme Court which could set back Victoria Police efforts to end racial profiling in Victoria.
The outcome overturns magistrate Duncan Reynolds’ 2013 ruling that police do not have an “unfettered” right to randomly stop and check vehicles.
Judge Bell, in the Victorian Supreme Court quashed the decision of Magistrate Reynolds ruling that he committed an error of law when he decided in June last year, that section 59(1) of the road safety act did not give police an unfettered right to stop motorists.
Judge Bell did, however, agree with Magistrate Reynolds that coercive questioning by police in an effort to request name and address of a person who is stopped, can constitute a breach of the common law and Charter rights to freedom of movement and privacy (and in the Kaba v Watson case, did constitute breaches of Mr Kaba’s rights and was unlawful).
What’s your point? Those magistrates and judges just upheld the law as stated in this article. They didn’t overturn the law. Read again to comprehend correctly.
I was assaulted by a security guard who told police I assaulted him. I voiced loudly to security guard my opinion and police arrived and arrested me for public nuisance. They were at the time and still now not interested in what happened as I was intoxicted. My bail conditions are to be zero alcohol even in my own house. And have banned me for 3 months from a safe night precinct. Yet I have not been to court. What are my rights
You were intoxicated. Security guards work under common law – citizens arrest power.
Common law 1. Do no harm 2. Take responsibility for your actions
My comprehension was in their system statute law overrides common law, or judge made law?
The trouble is the bureau-c-rats seemed to be brainwashed into thinking you are a crazy when you bring up the constitution. I even got called a f##khead when i brought up intercourse among the states shall be absolutely free on the WA/SA border! The arrogance is amazing. She wanted details of the rego and everything, like that is any of their F’ing business if you are travelling interstate, but now i see cameras surveilling movement interstate near borders
Great advice, and backed up with precedent. Will be printing those decisions out now.
I created this petition to hopefully avoid this issue in our children’s future
Return the constitution to the education curriculum. Please sign and share.
https://m.facebook.com/story.php?story_fbid=1946394602172313&id=100004053756441&sfnsn=mo
Great work Jeremiah, but I’m afraid Change petitions are a waste of time. Change is owned by the Arab Qatar country. They don’t give a stuff about Australia.
Besides, when you try to deal with the political party corporate government you are dealing with the very people who are the problem! You have to step out of their jurisdiction and back under the Common Law and the true Constitution. That’s why we are going to convene a Grand Jury. Have you signed the My Will Letter yet?
It says the website is ‘forbidden’ when I click the link. Can you help?
Try again. There may have been a problem with the internet
dislike how NSDAP are slandered for standing up for the national constitutions since a jew invented the word nazi to accuse honest people of doing what they are doing. The constitution was based on the bill of rights and magna carta like ancestral heritage between Germany and Britain whichh was destroyed by a wedge. Citizens arrest on Aussie cops can’t be effective if its being used to prop up the real criminals- jews who use their talmud to rape children, starve the vulnerable, generate mass slavery, use police to abuse honest citizens and exploit them viciously with harmful fines so the jew lobby can prove they made a state enforce the talmud using dirty money. That unfortunately is a smidgeon of the truth, wake up its later than you think! Books and records are still available to research these facts and more it will be too late once people realise what I just wrote is all truth
Has anyone maintained this stance with NSW cops? I would love to see their faces burn as they realise their power has been stripped from them.
The mistake he makes THREE times – which means they’ve got him next time is he says “I UNDERstand you.” In legal speak this means “i stand UNDER you”! Three times is the requirement for him to have accepted their offer and that is a CONTRACT. Next time he can argue all he likes about section XXX or the Constitution but they’ll ignore all of that and ARREST him on whatever charge they like. This is for suckers!
Hi, thank you for this information. Knowledge is definitely power. Just one important question, please. Has the Biosecurity Act and other state ’emergency’ legislation made any difference to common law and earlier leguslation?
No, it can’t. Common law is the basis of our Constitution and law. Their biosecurity act is rubbish legislation… null and void, as is all legislation ever since Whitlam took the Queen out of the Constitution, and Hawke tried to ram though the Australia Act without a mandatory referendum of the people of the Commonwealth of Austalia
Keep up the good work men. We need you!
Mike, I’m in full agreement with your advice. I have directed law enforcement to leave my premises over the last 20yrs, having no reason or grounds and at times have also asked them to remove their hands from their weapons or pull their pistols and whistle Dixie. Fortunately for me they have all been cowards.
Our country is at a point where even cowards are now dangerous because they are unpredictable in groups, turn your back and you may find yourself out cold on the floor with law enforcement dancing on your head. We are seeing this in Victoria.
Hi I could not download the PDF about Police Powers and You. Got message saying connection is not secure. Something about website not being configured properly.
There was a problem with the website. Fixed now. But if you had trouble downloading the files use our Contact form and we will send you the files.
Signed and donated $25 towards getting it advertised another 500 times ???? THANKS for organising it; Is a BRILLIANT idea and action xxx
Try that un 2020.
Hi where do we stand on car rego, it’s just another tax for the state government. I don’t want to pay the government any tax as they are pigs at the troughs.
Cheers
Did you get a reply? Just wondering if people get their questions answered.
As I keep saying, do your own research, make your own decisions. Don’t keep asking me for advice. I don’t give legal advice for anything in the political party system. If you want to stop paying rego and then deal with the cops when they come after you, that’s your decision.
When it comes to Victorian Police are they allowed 5 Police Officers to use forced entry into a Motel Room and manhandle a young adult male who’s not resisting arrest? Do they have to have a warrant to be able to do it or are they allowed?
Also can Police lock someone up in Police cells all night was told he was being charged with heavy offences and having to face court in Morning all for a AVO from an X?
Can Police interview someone with a mental health problem without a lawyer? and is a mother of a 22 year old son alowed to be a 3rd party in a Police interview if Police can’t contact a lawyer And can they make them make a statement if their mental health isn’t in a good way? And is a mother allowed at the Police Station if their son has been taken there and detained for questioning?
If you could help me that would be fantastic very much appreciated
Yes, they can do all that and much worse because they are not police. They are thugs paid by the corrupt Communist Andrews so-called government. You have 2 choices:
1. Summons the police to a common law court to answer for their crimes… and to do that you need to go to a Common Law Assembly or start one yourself (https://commonlawcourtaus.org/start-a-common-law-assembly/),
2. Move out of Victoria — But that is the coward’s move and not recommended. If you want to defend your rights you need to unite with others and stand up for them.
My browser (duck duck go) says the Police ‘Powers and You’ link is not safe
Tell your browser it’s stupid. ????
…….damn police are doing nothing less than “WAYLAYING ” you when they wave you into an “RBT”, and, they are ARMED whilst doing it whats more !…..bloody BANDITS !!!. And then they “MEDICALLY” test you….mmmm ….i thought that was unlawful…..
Can someone tell me the Case Law Precedent and its reference set by the UK High Court that Alex Belfield’s claims in his video with the caption: British Police get their wrists slapped for fining people not obeying Covid edicts
The UK High Court has ruled that British Police are breaking the law when they fine people for not giving their personal details so that can be fined for not following the unlawful Covid edicts:
Why ask us? Ask him.
I cant find the legal definition for vehicle. It appears to have been removed. How can i prove (using the legal definition) that I am not engaged in commerce whilst traveling on the road?
You make the statement to the police. You don’t need to prove anything. They are making the allegations. It is up to them to prove otherwise.
Wow this is fantastic site.
Thanks guys and gal’s for providing such important information.
Hi how do we get Print out that you say to keep the advice below in your car at all times…
The following explains Police Powers and You:
(click here to download it as a PDF)doesn’t work could you send me it please
Go back to the page and you will find the Download button has been updated.
It is our comprehension that the 2013 judgement by Magistrate Duncan Reynolds was not upheld in the supreme court of Victoria on appeal 2014 see link …. https://constitutionwatch.com.au/?s=duncan+reynolds
Even if this is confirmed (I’m not saying you are wrong), it doesn’t matter. Two High Court Decisions override any Supreme Court decision.