6. Road Policing - CASE LAW Flashcards
Tapara v Police - stopping vehicles
Cannot use 114 to talk to passenger alone. 3T has to be LTA reason first. can talk to passenger after
What was held in Police v DUFF?
Situation call long driver stopped due to driving an excess of 100 km/h. Officer told the driver to remain stopped for the purposes of a driver check. The driver fell to remain stopped And once called was subsequently charged.
Answer:
The court found held that the officer was entitled to check the particulars of the driver and or vehicle and was in within the conditions of s113(2) of the Land Transport Act 1998 to ask the driver to remain stopped. Yes
What was held in R V Thomas?
Situation: constables became suspicious of vehicle because the vehicle r/o was a known drug user. Vehicle stop led to discovery of 70gm cannabis and utensils.
Answer:
Court on appeal held the vehicle was not stopped under any conditions breaching the Land Transport Act that the vehicle once stopped made it an unlawful stop any subsequent discovery of drugs inadmissible.
What was held in Police vs PAGE?
Situation - EBA on private driveway
Court found that can use s.119 in fresh pursuit to stop vehicle on private property and breath test.
However this power has an INESCAPABLE duty for the officer to identify themselves along with what power they are using. Officer failed to this and charge dropped.
What was held in JOHNSON v Police?
Situation: two police officers not in uniform stop vehicle for roadworthiness check and subsequently arrest driver for theft.
Answer:
The court held that the offices if I had to use red and blue lights or sirens when stopping the vehicle. They also we’re not wearing uniform or a badge of authority.
Therefore the stop was not deemed lawful and the subsequent arrest and search of this person was challenged.
CIB and other non-uniform members should take particular note of procedural requirements relating to identification contained in section 114
