"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.

Reasonable grounds to believe there are stolen goods in the vehicle means more than a guess, there has to be a specific reason why police believe your specific vehicle has been involved in a specific theft incident.

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.