Rant 1 - Reasonable Suspicion

Rant 2 - Move-On Powers

Rant 3 - Right To Silence

Rant 4 - Woodlark Street Shop

Rant 1

Over the many years I have been driving, I have been stopped by police hundreds of times. Many of these stops involved searches of me and / or my vehicle. Some of these stops have become quite ugly or resulted in police issuing penalty infringement notices for one thing or another such as speeding, bald tyres, no registration sticker, etc… They have always been minor matters.

As a result of my extensive experience dealing with police, I learned a few things about being searched. I am aware of what is supposed to happen and also what actually happens. For example, before searching you, police must provide evidence they are a police officer, if not in uniform, and state their name and place of duty. They also must tell you the reason for the search. In my experience, it is extremely rare for any of this to happen.

Disregarding various other related matters, such as police powers to demand your name and address, I will focus on the searching part.

In the premier program, I ranted about how I was stopped three times by police during my first three visits to Lismore. I outlined how they told me after I asked why I was stopped that the reason was for the purpose of a random breath test. The first time I let the police search and they left my vehicle messy and damaged. It is for this reason I refused the search on the next two occasions.

The law is pretty clear in relation to being searched by police. They can do so if you agree, you are arrested or in custody, they have a warrant or if they have been authorised to use their emergency public disorder powers. They can also do so in various other situations where they suspect specific things on reasonable grounds such as drugs being carried or a serious crime is about to be committed.

In relation to having a reasonable suspicion, this is a subjective test so it is open to considerable debate as to what is reasonable. My position is that being pulled over for the purpose of a random breath test and nothing more does not give rise to a reasonable suspicion unless something more is involved. For example, if the police see a bag of marijuana on a seat or a gun on the floor of a vehicle while speaking to the occupant, a reasonable suspicion would then exist and a search would be reasonable.

My position is also that a reasonable suspicion would not exist just because the driver of the vehicle gets out and appears to be of Middle Eastern appearance or a person of questionable character simply because of their appearance. In such a situation, I have a tendency to refuse a search based on principle alone.

A reasonable suspicion is less than a belief but more than just a possibility and it must have some factual basis. In my opinion, police intelligence reports do not form a factual basis as these are not proven facts but a criminal record would form a factual basis since such matters have been dealt with by the Courts.

Refusing to be searched or asking for a reason as to why police want to search does not mean you have something to hide. Insisting on your rights should be something everyone attempts to do.

The various powers of police are outlined in the Law Enforcement (Powers and Responsibilities) Act 2002. A link will be provided on the Big Rob’s Facebook page.

This show is interactive while being broadcast on 92.9 River FM. You can join me at facebook.com/BigRobsOz spelt B-I-G-R-O-B-S-O-Z.

You can also follow the Big Rob’s Rant links on the Big Rob’s website at bigrobs.com.au.

Rant 2

One of the most popular powers given to the NSW Police Force is commonly known as the ‘move-on powers’. It is very often heard to be used around the clubs in Lismore as police try to clear the streets or move individuals on who may be causing trouble. This power also requires police to follow very specific guidelines when using it.

It is essential that the person being given the direction is in a public place and that the direction is reasonable. Yet again, what is reasonable is a subjective test that will usually be determined by the Court where a challenge is made.

A direction can only be given if police reasonably believe the person’s conduct or presence is obstructing others, constitutes harassment or intimidation of others, is likely to or is causing fear to others who are of reasonable firmness or is for the purpose of buying or selling prohibited drugs.

These powers cannot be used in relation to anyone participating in a protest, demonstration, industrial dispute or organised assembly.

Directions must be reasonable in the circumstances to reduce or eliminate the problem.

Disobeying a reasonable and validly given direction is an offence. The police must identify themselves, tell you the reason for the direction and warn you that failure to comply is an offence.

Ignoring the direction is not an offence if the problem behavior stops.

Although the maximum penalty for disobeying a direction is $220, which is usually given in the form of an on the spot fine, it seems Lismore police officers sometimes prefer to physically handle people, cause them injury while arresting them, lock them up for a while and then charge them with additional offences such as offensive language or resist arrest.

Many years ago, a similar practice known as ‘The Trifecta’ was common place. This involved being charged with offensive language, resist arrest and assault police and there were never any independent witness. The NSW Supreme Court has since made adverse comment about the practice. I will address this next week.

The ‘move-on powers’ are also outlined in the Law Enforcement (Powers and Responsibilities) Act 2002. The link will appear on the Big Rob’s Facebook page.

You are listening to Big Rob’s Rant on 92.9 River FM.

Come and join me at facebook.com/BigRobsOz spelt B-I-G-R-O-B-S-O-Z or follow the Big Rob’s Rant links on the Big Rob’s website at bigrobs.com.au if you would like to make a comment.

Rant 3

I can’t count the number of times I have heard stories about people getting in trouble with police and trying to talk their way out of it only to find themselves charged with one or more offences. It also concerns me when people are arrested and charged and they make a statement thinking it will assist them somehow. 

In NSW, we have the right to silence. It is a very important right since it seems to be one of the only rights we have when arrested by police.

Police can approach you at any time and ask you questions. A person is under no obligation to answer any questions except those relating to their name and address in specific circumstances and additional information may be required if you have been involved in a traffic offence or accident.

If the police decide to arrest you or charge you, you still do not have to say anything. Answering police questions often results in those answers being used as evidence against you.

The simple solution is to remain silent. Let the police do their job without helping them secure a conviction against you. Keep your mouth shut and as soon as possible, contact a legal representative and seek professional advice.

Those of you under 18 must have a responsible adult present before talking to police. The responsible adult should protect the young person by doing such things as taking notes, ensuring they know they do not have to answer questions and trying to secure legal advice for the young person.

This is Big Rob bringing you Big Rob’s Rant on 92.9 River FM.

I am still posting on the Big Rob’s Facebook page at facebook.com/BigRobsOz spelt B-I-G-R-O-B-S-O-Z or you can follow the Big Rob’s Rant links on the Big Rob’s website at bigrobs.com.au if you want to post your views.

Rant 4

A lot of people ask me about my Woodlark Street shop and when it is going to open or when I was going to move from my Keen Street location. The Big Rob’s business plan involved opening a new shop every year for four years. Unfortunately, I have fallen way behind.

As to when the Woodlark Street location is going to open, I am not really sure. There are so many things going on with that shop that it could be anytime or it could be never. With regards to moving, the Keen Street shop was never going to move. Woodlark Street was meant to be a second business location opening up.

The initial reason for the delay in opening was the result of my father falling very ill. This took a heavy toll on my time and finances but I think it was all worth the effort. I am now involved with a few Court matters in July that may or may not impact my decisions regarding what I do with the Woodlark Street shop.

The NSW Police Force has me in Court on 23 July to defend an infringement notice for breaching a development condition. I am fairly confident that the prosecution will be withdrawn. I will outline the lead up and the outcome on Big Rob’s Rant after that date.

The NSW Police Force also has me in Court on 31 July defending charges of failing to comply with a direction and resisting arrest. This date is only a date to ensure I have received the brief of evidence and to set a hearing date. I will update everyone regarding the hearing date when I find out what it is.

The franchisee of Night Owl Lismore has me in Court on 31 July to defend an apprehended personal violence order he submitted. To me it reads more like a defamation case wrapped up in an AVO but we will see what the Court thinks of his application when it is presented. I will definitely speak more about this matter after the hearing date.

I think the many haters and critics will be very surprised to learn the truth about what has actually transpired between me and others. It will be interesting to see how they treat the information. The sad truth is that haters are always going to hate.

We are still going on the Big Rob’s Facebook page at facebook.com/BigRobsOz spelt B-I-G-R-O-B-S-O-Z or you can find me by visiting the Big Rob’s website at bigrobs.com.au and following the Big Rob’s Rant links. Join me to share your views.

You are listening to 92.9 River FM.