Australia Says No Warrants Necessary If Law Enforcement Thinks You're A Terrorist
from the well-isn't-that-nice dept
chillienet alerts us to some new rules for law enforcement regarding private searches down in Australia. Apparently as long as police think you just might be a terrorist, they no longer need to get a search warrant. I'm sure that won't be abused at all... The whole point of requiring warrants is to avoid abuse. Taking away that check almost guarantees that the powers will be seriously abused.
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Filed Under: australia, due process, searches, terrorism, warrants
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Australia
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Even though Australia had ~160,000 convicts in the 1860's (compared to the US's ~60,000), Australia had [b]zero slaves[/b] compared to the US's ~4,000,000.
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Stop Resisting! Whack...
I mean..
Stop being a terrorist! WHACK! Stop being a terrorist!
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Jimbo and Ned's Hunting Show
OR
"We're Thinning Out Their Numbers"
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SCOTUS ruled that refusal to submit to a search cannot be used as probable cause for a search because that would be functionally equivalent to having no protection at all against being searched; i.e., you'd have to allow the police to search you anytime they wanted to without a warrant, so the guy's conviction was voided. Let's hope that Australian courts have the same sense when this inevitably ends up in front of them as well.
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Re:
http://fourthamendment.com/blog/index.php?blog=1&title=w_d_tex_refusal_to_consent_cannot_b e_a_f&more=1&c=1&tb=1&pb=1
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Re:
"You have the right to refuse to answer questions, but such refusal may be construed as a sign of guilt." Gul Evek, describing the Cardassian justice system, "Tribunal" STAR TREK: Deep Space Nine
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But perhaps not entirely, common law and possibly other extant legislation may still provide for over-ruling application of this law.
Where I live, New Zealand, we have a Bill of Rights but it isn't binding on parliament - just advisory. We have not subsumed parliaments soveriegnity to it as yet (I suspect we may, perhaps when we become a republic).
In many ways Australia and our constitutioal arrangmenets are similar, but I've no idea if Australia has done anything in recent decades to adopt something like a Bill of Rights.
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Re: Bill of Rights
I think we as a country will only accept a Bill of Rights if it comes with a corresponding Bill of Responsibilities...
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Australia has a written constitution.
What about the "Constitution of the Commonwealth of Australia" (1901)?
And the protections provided by the ICCPR or UDHR?
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But they say legitimate protests will not be criminalized.
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It gets better than that, and we've had it for years...
Thats right, not your lawyer, not your family, not the press..
But that has been around for awile, and it has been here since before the present Government.
Oh yes, you also dont get to know the subject of the warrent, or who issued it.
So if someone "just says" they saw you doing something, they can get a warrant off a court, detain you, search you and your property. And you are not informed why, or on what charges you are being searched.
we've had it for years, and its hard to see how much abuse is done, as it is not allowed to be public..
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Re: It gets better than that, and we've had it for years...
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Re: It gets better than that, and we've had it for years...
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Re: Re: It gets better than that, and we've had it for years...
Target of FBI gag order free to speak after 6 years
"These letters not only require that information be handed over without a warrant but also impose a gag order on the recipient to prevent them from even revealing that the request has been made"[ link to this | view in chronology ]
Re: Re: It gets better than that, and we've had it for years...
You can't even let your immediate family know what's going on!
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Re: It gets better than that, and we've had it for years...
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The Terrorists Win
CBMHB
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Re: The Terrorists Win
Furthermore, as someone born to Indian parents, I also fear for this new rule because of the recent spate of violence against people of Indian descent in Australia that has often been willfully ignored by the officials; as a lot of Indian people probably look like "terrorists", this sort of harassment (often violent) will now effectively be officially condoned. Truly sickening.
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Re: Re: The Terrorists Win
And I noticed there was no retraction after the Melbourne incident when the 'racist' convicted of attacking an Indian (which was initially well reported in the Indian press) turned out to be another Indian - but that doesn't sell papers.
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Re: Re: The Terrorists Win
Much of this is an Indian media beat up (similar to the Australian media beat up of the Commonwealth Games).
Did the Indian media mention these murders of Indian nationals?
Did the Indian media report that all were later found to be committed by Indians nationals?
Jyoti Mehta and Ujalla Dinesh murdered 5 March 2008 by Indian national.
Ranjodh Singh murdered December 29 2009 by another 2 Indian nationals.
Navdeep and Kawaldeep Singh murdered February 11 2010 by another Indian national.
Gurshan Singh Channa murdered 3rd March 2010 by Indian national.
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For Those Who Disagree With This Law ...
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It's a slippery slope...
Sir Thomas More: And go he should, if he were the Devil himself, until he broke the law!
William Roper: So, now you give the Devil the benefit of law!
More: Yes! What would you do? Cut a great road through the law to get after the Devil?
Roper: Yes, I'd cut down every law in England to do that!
More: And when the last law was down, and the Devil turned round on you - where would you hide, Roper, the laws all being flat? This country is planted thick with laws from coast to coast, Man's laws, not God's, and if you cut them down -- and you're just the man to do it -- do you really think you could stand upright in the winds that would blow then? Yes, I give the Devil benefit of law, for my own safety's sake!
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remember folks you heard it here first, im not a damn terrorist!
And fentex, yeah we dont have one, damnit.
Whats my country coming to, warrentless search's, a badly designed NBN with a mandatory filter that reduces speed and a blacklist thats mostly grey :S
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Interesting...
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Very little violence in Australia - but some, and sickening yes..
And yes Australia does have a written constitution..
http://australianpolitics.com/constitution/text/overview
@Prashanth
There has been a SMALL number of incidents, and not only Indian people, but all races.. I dont condone it, nor does the Government, nor are they ignoring it.
But it is an issue, and is being addressed, and it is sickening.. But you will not find a friendlier country to visit and learn from..
Very low crime rates, almost not gun related crimes, or deaths, little Government intervention and an electrial system that does not create a lame duck every 2 years, and that cannot see more than 2 years into the future..
Who think "tax cuts and increase spending" will work !!
Ive been to the US several times, and ive found the people there to be very nice, and friendly. But your political system !!! thats another story alltogether..
You're gone so far away from the "free and lucky" country, that I dont even think you can remember what that was like !!..
Australia is still much more free and lucky and safer.. IMHO
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If you think everyone is a potential threat, at some point you realize for your own safety that you should just start shooting everybody and nuke the place from orbit.
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