What Police powers to 'detain' someone during a traffic stop
Discussion
Ok, so watching one of these bulls
t facebook videos (someone with a low IQ gets stopped for a traffic offence and shouts "am i detained" for 10 minutes).
So, I looked into it, and it appears a police officer can 'detain' without arrest for only a few small things (mental health, stop/search, breach of peace).
So, if you get stopped, say for a dodgy brake light or something. You're obliged to stop under Sec163 of the RTA.
If you stop, the officer comes over, you reel off your name, address date of birth and then drive off before he can conduct any process, have you done anything wrong? Can you be stopped?
I understand that an officer can arrest for any offence, with necessity criteria being to ascertain name/address etc. So this is useful for example for the driver who refuses to provide details. They can be arrested for speeding, or even a light out or something, or just some document offences.
But if the person confirms who they are, or after confirmation wants to leave, get out of the police vehicle etc, then the officer has no right to "detain" them. is that right?
Now i suppose the officer, if unable to deal with any roadside process because the driver speeds off, could still summons the driver to court, using the details provided, but does it matter that the officer may have not been able to verbal "summon" the driver, give a verbal nip or something like that?
In short - I know if a driver, during any routine (legal) stop, refuses to give their details, they can be arrested (then de-arrested when the details are confirmed and necessity criteria no longer exists). So what happens if they give the officer details, refuse to answer any questions about the offence, then try to leave? Nothing the Police can do I assume?
t facebook videos (someone with a low IQ gets stopped for a traffic offence and shouts "am i detained" for 10 minutes).So, I looked into it, and it appears a police officer can 'detain' without arrest for only a few small things (mental health, stop/search, breach of peace).
So, if you get stopped, say for a dodgy brake light or something. You're obliged to stop under Sec163 of the RTA.
If you stop, the officer comes over, you reel off your name, address date of birth and then drive off before he can conduct any process, have you done anything wrong? Can you be stopped?
I understand that an officer can arrest for any offence, with necessity criteria being to ascertain name/address etc. So this is useful for example for the driver who refuses to provide details. They can be arrested for speeding, or even a light out or something, or just some document offences.
But if the person confirms who they are, or after confirmation wants to leave, get out of the police vehicle etc, then the officer has no right to "detain" them. is that right?
Now i suppose the officer, if unable to deal with any roadside process because the driver speeds off, could still summons the driver to court, using the details provided, but does it matter that the officer may have not been able to verbal "summon" the driver, give a verbal nip or something like that?
In short - I know if a driver, during any routine (legal) stop, refuses to give their details, they can be arrested (then de-arrested when the details are confirmed and necessity criteria no longer exists). So what happens if they give the officer details, refuse to answer any questions about the offence, then try to leave? Nothing the Police can do I assume?
V8RX7 said:
or they are refusing to do anything other than provide a crime no.
Thing is, that's the best you can hope for these days. Gone are the days of investigation and dealing with crimes. Nobody fault other than a government that rips the arse out of public services and expects things to carry on. Thing is, it's the public services that get the grief for it.
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