"Christchurch motorists and pedestrians will be stopped and questioned about stolen property as part of a police crackdown on burglary called Operation Hammer.
However, lawyers have expressed concern about police randomly questioning people or asking to search their vehicles, particularly during drink-driving operations.
They say police do not have specific powers to stop and search cars in relation to burglaries, and people are within their rights to refuse." -- The Press
The Facts
Police can search your person or your bag if they arrest you.
Police can search your car if they arrest you & you're with your car at the time.
Otherwise, police cannot search your car unless:
- you agree (silence is taken as agreeing);
- they have reasonable grounds to believe that you have drugs, or an offensive weapon in the car;
- they have a search warrant for an address, and the car is at the address;
- they have reasonable grounds to believe that there are stolen goods in the vehicle; or
- you are in, or entering, an area with an alcohol ban. You can avoid such a search by leaving the area. The police must tell you of this option.
Saying "No"
You have every right to withhold your consent from being searched in a random search like Operation Hammer.
Don't be silent when you do not consent, make sure this is heard by police.
However, attitude means a lot. When standing up for your rights, you should be polite and courteous or the police may think they have reasonable grounds to believe you have stolen goods.
