Rights with the police: Questioning and Searches A police officer has stopped me and is asking me questions, what should I do? A police officer has stopped me and is asking me questions while I am driving, what should I do? What do I do if I’m stopped by the police for a drink driving test? Do I have to be informed of my rights by the police if they want to talk to me? Do I have to tell the police anything if they take me into custody? Can I give the police false information? Do I have to go with the police if they ask me to (18 years and above)? Do I have to go with the police if they ask me to (under 18)? What are my rights if I am being questioned by the police (18 years and above)? What are my rights if I am being questioned by the police (under 18 years)? Give me some top tips when I’m being questioned by a police officer! What is an Independent Nominated Person (INP)? What does the Independent Nominated Person do? What happens if the police don’t like the independent nominated person I’ve chosen? Are my parents told if I’m questioned by the police? What should I do if I was not informed of my rights when being questioned as a suspect? Can the police search me? Can the police search my body? Can the police search my home without a warrant? Can the police search my car without a warrant? I don’t want the police to search me or my things, what should I do? When can the police get a warrant to search my home? What does a search warrant say? Can I be searched while I am in custody? I’ve given the police consent to search me or my property, I’ve now changed my mind, can I tell them to stop? Give me some TOP TIPS when I am asked to be searched by a police officer! What search rights do I have under the Bill of Rights Act? What happens if the police searched me unreasonably or illegally?
Sometimes when the police stop you, it’s because they suspect you’re involved in a crime. To find out who the criminal is, the police will need to go through a series of questioning and searches, so they’re able to get evidence to support their case.
This section lets you know about your rights with the police when you’re being questioned or searched by them.
If the police come and ask you questions:
If you’re not under arrest and you don’t want to speak to the police, you have the right to walk away, let them know politely you’re leaving because you are not under arrest.
If you’re arrested, you may have to go with the police.
If you’re carrying a firearm or suspected of underage drinking, you have to give the police your full name, date of birth and address. If you refuse, you can be arrested.
The rules are slightly different if you are driving.
If you’re driving, you have to give the police your name, date of birth and address. If you refuse, you can be arrested.
If you’re in a car accident, you also have to give them your licence, car registration details, and information about who was driving the car when the accident happened.
If the police have reason to believe you have drugs in your car, they can search your car without a warrant.
If you’re not sure whether they’re a police officer because they’re not in uniform, you can politely ask for their proof of identity.
Sometimes, you’ll see police cars on the side of the road at night, asking drivers to take a sniffer test. It is best not to turn around and drive the other way as that might get you into more trouble.
If you refuse or you fail the breath-screening test, the police can require you to go to the police station for an evidential breath test or blood test. If you refuse, you can be arrested.
The police only have to inform you of your rights if you have been arrested or are being questioned by a police officer and they reasonably believe you have committed an offence. Otherwise, the police are not required to inform you of your rights. You can also request for the police officer to explain to you your rights as a young person under 18.
Remember that if you’re not arrested, you are free to politely tell the police you’re leaving because you haven’t been arrested and walk away.
If you’re in custody, you have to give the police your name, address and date of birth. If you don’t and are found guilty, the maximum penalty is a fine up to $5,000 and/or imprisonment for up to three months.
Apart from these details, you have the right to silence and do not have to answer any other questions. If the police suspect you of committing a crime, it is best to talk to a lawyer before answering any questions. This includes answering questions verbally, in a written statement, or on video.
You are allowed to call a lawyer before answering any questions. The police have a free lawyers list (PDLA) which you can ask for and call.
It is important to be truthful to the police when supplying your details and statement. Otherwise, they could arrest you for giving false information to them. Giving false information to a police officer is a crime with a maximum prison sentence of up to 3 years. If you don’t want to provide the information, remember you have a right to silence.
The police may ask you to accompany them to the station to help them with their inquiries, or ask you to step outside to answer some questions. However, you do not have to go anywhere with them unless you have been arrested. If you do agree to go with the police somewhere and have not been arrested, you can change your mind and politely leave at any time. You should always ask if you have been arrested if you’re not sure.
Additional to the rules that apply to 18 years and above, the police can also take you home if you’re under 18 and “at risk”. You can be “at risk” if you’re drunk, at the risk of being abused or hurt, homeless, or just not in a safe environment. If you don’t wish to be taken home or feel unsafe going home, tell the police, and they should take you to a youth residence home or a shelter. If you disagree, the police can take you into custody. You cannot be kept in custody once you sober up unless a health professional recommends that you cannot take care of yourself. The maximum period of time you can be in custody without a health professional’s opinion is 12 hours. OT might also get involved.
If the police are questioning you as a suspect, they should tell you:
If you’re not arrested or detained, the police do not have to tell you of your rights, but you can also leave at any point.
Additional to the rights that apply to 18 years and above, you also have more rights if you’re questioned as a suspect:
Remember:
Questions to ask:
If you’re under 18 and in custody, when the police interview you, you have a right to have an independent nominated person (INP) with you. This is your choice of an adult (a parent or any other independent adult, 20 years and older) who is there to support you while you’re being interviewed by the police. If you don’t choose someone or the police can’t find the person you chose, the police will choose an independent person on your behalf.
The Independent Nominated Person (INP) has to take reasonable steps to make sure you understand your rights with the police, and they have to support you before and when you make a statement to the police.
You can have a private chat with your INP before making a statement with the police so you’re on the same page. If you have been arrested, a police officer must be guarding you at all times though, and the consultation will be subject to reasonable conditions to ensure safety or to prevent a crime from happening.
The police can refuse to allow you to have a particular person as an independent nominated person (INP), if the police reasonably believe that this person will try to interfere with the fairness of the process, or if the person cannot be found or it will take them too long to come.
If this happens, you should be allowed to choose another INP. If you don’t choose anyone, or if everyone you choose fits in that category, the police may choose someone independent for you.
If you’ve been arrested for questioning as a suspect in a crime, even if you don’t nominate your parent, guardian or caregiver as the independent nominated person, the police must still inform them that you are being questioned at the police station.
If the police do not inform you of your rights when you’re suspected of committing a crime and they later charge you with a criminal offence, make sure you tell your lawyer about this as this may be extremely helpful in defending your court case.
The police can only search you, your belongings, your home or your car if:
If the police officer is “undercover” or in plain-clothes, you can ask to see their warrant card or police identification.
The police can only search your body (or do a “pat-down”) without a search warrant if they reasonably believe you are carrying drugs or an offensive weapon. They can also search you for anything that can help you get away or harm someone if you’ve been arrested.
If you’re being searched under the Misuse of Drugs Act (aka for drugs), the police must tell you so and identify themselves.
If the police want to strip search you, it must be justified, and you must be searched by a police officer of the same sex. For example, if you are being searched and are a female, you should be searched by a female police officer, or you can ask to be searched by a female police officer.
Generally, the police need a search warrant to search your home. They can search your house without a warrant if:
Otherwise, they need a search warrant to search your house.
The police can search your car without a warrant based on the same reasons as searching your home.
The police do not need a search warrant to search your car if:
Otherwise, they need a search warrant to search your car.
If the police ask to search you, your vehicle, belongings or home and you do not agree, make it clear that they do not have your permission, as unclear signals or particular actions can be taken as agreeing and giving consent. Say “Sir/Madam, I do not agree to being searched, can you please tell me the lawful authority for searching me?”
If the police have a search warrant, they should hand that to you in a letter before searching you.
Make a note of their answer. It is also a good idea to take a note of the police officers’ names and badge numbers. Their numbers are displayed on black discs, usually located on their shoulders. Do not resist if the officer continues to search you despite your lack of consent. Ask your friends to stay so they witness the search. If you wish, you can complain about the search afterwards. You should also tell your lawyer if you’ve been charged.
The police can apply for a search warrant if they have good reason to suspect a crime with a prison sentence has been, is being, or will be committed AND they have reason to believe that there is evidence relating to that crime on your property.
A judge will issue a search warrant if they think the police have enough evidence to support their belief.
A search warrant should say:
The police must show you this search warrant if they want to search you or your property with a warrant. Otherwise, they can’t search you unless it is one of the exceptions.
Generally, if you have been taken into lawful custody, the police can use reasonable force to search you. Any money or property found on you will be taken away until you’re released.
If the police want to strip search you, it must be justified, and you must be searched by a same-sex police officer.
If you have given the police your consent, you can withdraw your consent at any time. The police will have to stop searching unless they have found something which gives them the right to continue searching, e.g. they have found drugs.
If you’re not sure why they’re searching you or your property, you can always politely ask them why they’re searching.
Remember:
Questions to ask:
1. “Am I under arrest?”
If they say “Yes”, do not run away or resist.
If they say “No”, you are free to leave and if you choose to do so, you can politely tell the police officer you’re leaving because you are not under arrest.
2. “Sir/Madam, I do not agree to being searched, can you please tell me the lawful authority for searching me?”
If you don’t agree to being searched, let the police officer know you do not consent.
Make sure you write down exactly what the officer says, or, if possible, get a friend to be a witness.
Everyone has the right to be free from unreasonable search and seizure under s21 of the New Zealand Bill of Rights Act 1990.
If you feel harassed or improperly searched and you want to make a formal complaint, you should contact YouthLaw or your local community law centre or a lawyer.
If you’re hurt or ill as a result of an unreasonable search, you should ask to see a doctor straight away. If you have any marks or bruising, get a friend to take colour photographs of them and ask a doctor to note down your injuries.
If the police didn’t follow the right process in searching you, you can make a complaint about the illegal search.
Also, you should tell your lawyer if you have been charged for a crime linked to the evidence found in the search. The judge may decide to leave out that particular item from evidence in court if the evidence was obtained illegally.
For more information, check out the CLC manual.