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Is "probable cause" needed for roadside breath and drug tests and number plate scanners in Australia?
Here in Australia, the police can stop any motorist at any time and require that person to be tested for alcohol or drugs. They can also use a device that reads the number plates (licence plates) of passing cars and alerts them immediately if the owner has unpaid fines or outstanding warrants, and the vehicle is then intercepted.
Don't they have to have "probable cause" to do all this? And what exactly is their "probable cause"? Or if they don't need it, why not?
I am asking specifically about the situation here in Australia.
2 Answers
- Anonymous5 years ago
sure should be needed for breath checks, etc.
but not for tag scans.
cops are prob abusing the tag scan to breath test.
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https://www.washingtonpost.com/news/wonk/wp/2016/0... . states where its-still-really- easy-for-cops-to-take- and keep innocent-peoples-cash and other assets
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“Civil asset forfeiture laws allow authorities to seize cash and property from people they suspect of a crime.
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“In 2011, Nebraska cops seized over $60,000 from an Air Force veteran after saying they smelled marijuana in his car.
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“No drugs were found, and no charges were ever filed,
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but the veteran's money was never returned.”
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“In most states, and under federal law, authorities may get to keep the proceeds,
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“regardless of whether the person is ever convicted,
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“or even charged, with a crime.
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"Civil forfeiture is one of the most serious assaults on due process and private property rights in America today,"
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“said Lee McGrath, managing attorney of the Institute for Justice, a civil liberties law firm that represents forfeiture defendants.”
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- Anonymous5 years ago
They don't need probable cause to use ANPR cameras to check number plates for warrants or fines - just like a police officer doesn't need probable cause to look at people's faces in the street to see if they're wanted criminals.