Damn dude ... that is totally fucked up.
First things first, you have to know your rights ... & I urge everyone to remember this stuff & do some research into it yourselves, or to check out whether there are any differences in your state laws regarding this...
This is going to be a long read, but I advise everyone to read this, because at the end of the day, if you don't know your rights you can land yourself in some very big trouble without even realising that it could have been avoided. (A good example of this is here;
http://www.aussielegal.com.au/forum/for ... t~last.htm)
http://aussielegal.aol.com.au/informati ... ailsID=819
this one as well;
http://www.trafficlaw.com.au/your.rights.html#search
Basically, the things you need to know are;
1.) Do not under any circumstances consent to a vehicle search. Even if you have nothing to hide, do not tell them that they can search your car.
2.) In every case where an illegitimate search is being conducted, it is permissible for a person to use force to resist. Moreover, persons who suffer as a result of an illegitimate search may have a criminal action in assault, as well as a civil action in trespass, against the offending police officer(s).
This is a slippery slope! If you try to use force to prevent an unlawful search, be prepared to be beaten up. I would not advise this if you are alone, it will be the word of the police vs your own ... it will rarely hold up in court, unless of course you have some evidence i.e. a dash camera (- I have been meaning to install a couple of these.)
3.) If you have a knife, drugs, drug implements, something that could be used as a weapon in the car. Or you have given the police any reason to think that you are on drugs, have drugs in your possession or have committed a serious criminal offence (punishable by 7 years + jail time). These are all basis for a lawful & justified search, do not give them any reason to suspect anything & even if you do have this stuff in your car, store it out of sight!
4.) Always remember that anything you say or do can be used against you. Don't mouth off or act like a twat or they will crucify you for it, same goes for admitting to having anything illegal in your car, if they're gonna find it, they will find it & you will still get in big trouble. (I don't know if this goes for MP3 cd's either, but you have been warned)
5.) was the same as 2
*edited*
6.) Police are 90% Bluff. I could go on for hours about this, but to cut it short, they will tell you anything to get you to admit to doing bad stuff! They might tell you that you will get a leaner sentence if you admit to having something illegal in your car before they search, but in reality, they will not even be able to search your car *unless* you admit to having illegal stuff in it. (hasn't anyone ever watched an episode of COPS??) This goes for other things too for example, unless you are under arrest, or volunteer to accompany the police to the station, you do not have to. Nor do you have to answer any questions unless expressly order to do so by some legislation, the cops will tell you this if it is true - GET A GOOD LAWYER (for e.g. terrorism I spose)
7.) The moment they start making threats or get nasty, request to know whether they are going to arrest you & whether you are free to go. If they want you to accompany them to the station, ask whether or not you are legally obligated to do so & if yes, comply with their request, & get yourself a lawyer.
8.) I believe that they *ARE* allowed to inspect your vehicle for 'Roadworthiness', surely if this did not cover complying with ADR laws someone would have fought it by now. This might be one to look up if you know someone who has legal expertise in this area, or can contact somewhere for advice. You may or may not legally have to allow them to see under your bonnet. I believe that you need to be present for this kind of thing, and that it can't be defected on private property (needs to be being driven on the road) Not sure on this one, so check it out yourself if you have reason to
9.) Completely off topic, but especially relevant for the girls, the cops cannot search you in public without your permission. They cannot make you remove any piece of clothing in public & you must be searched by a member of the same sex (Sucks to be a guy :@) They can't strip search you in front of a camera. They can cavity search you using whatever force they deem appropriate (Again, Sucks to be a guy) And they can use instruments or devices to aid the search (f**king hell it sucks to be a dude)
The same rules apply, they need to have reasonable suspicion that you have, weapons, drugs, or done some really bad sh*t etc... A few more reasons not to do drugs!!!
10.) thats all i can think of for now. Read up your rights & if you don't know something, find out!