Stopped by Police in NSW? Know Your Rights, Before You Speak
- Christopher David Alis
- Apr 1
- 4 min read
Getting stopped by police in NSW — whether you’re walking, driving, or simply in a public place — can be confronting and confusing. Even if you haven’t done anything wrong, it’s easy to feel pressured into saying or doing something that could later be used against you.
Police might pull you over in traffic, approach you on the street, or question you during a routine patrol. Sometimes it’s for a random breath test. Other times, it’s because they claim to have reasonable suspicion that you’re involved in something unlawful.
That’s why it’s essential to understand your legal rights, so you know when you must cooperate — and when you’re allowed to stay silent. Let's break it down.
You must comply in certain situations (like providing your name and address).
But you do not have to answer questions, give a statement, or explain yourself — and in most cases, you shouldn’t without speaking to a lawyer first.
What Is Reasonable Suspicion?
In NSW, police can’t stop or search you based on a hunch. They need reasonable suspicion — a factual, objective basis to suspect you’ve committed or are about to commit an offence.
Examples of what could form reasonable suspicion:
• Seeing a hand-to-hand exchange in a known drug area
• Smelling cannabis or seeing paraphernalia
• A vehicle matching the description of one involved in an offence
• Acting in a way that appears evasive or suspicious
Importantly, reasonable suspicion must be based on real observations — not your appearance, race, or location alone. If police can’t explain why they stopped you, their actions may later be challenged in court.
When Can Police Stop You in NSW?
Police can lawfully stop you in certain circumstances:
• If they have reasonable suspicion you’re involved in an offence
• During traffic stops or RBTs (random breath tests)
• If you match the description of a suspect
• Under powers granted for searches or public safety checks
Being stopped doesn’t mean you’ve done anything wrong — and it doesn’t remove your rights.
What Are Your Rights When Stopped by Police in NSW?
1. You Have the Right to Remain Silent (Mostly)
You are only legally required to give your name and address in specific situations — such as when driving or if police suspect you’ve committed a crime.
You are not required to:
• Explain where you’ve been
• Tell them what you’re doing
• Answer questions about anything else
Helpful Tips:
• Politely say: “I do not wish to answer any further questions.”
• Even innocent statements can be misinterpreted or used as evidence.
• Staying silent cannot be used as proof of guilt.
Use this script:
“I’d like to speak to a lawyer before answering any questions.”
2. You Can Ask: “Am I Free to Leave?”
If you’re not under arrest, you may legally walk away. But police aren’t always clear.
Ask calmly: “Am I being detained or am I free to go?”
If detained: Ask for the legal basis of the stop. Make a mental or written note of the time, location, and what was said.
3. You Can Refuse a Search — Even If They Proceed
If police attempt to search you without a warrant, they must explain their legal grounds.
Examples where they may have power to search:
• Suspected drug or weapon possession
• Being in a designated high-crime area
• Visible suspicious behaviour
Even if they proceed with the search:
• Ensure You Say: “I do not consent to this search.”
• Do not physically resist — it could lead to (worse) charges.
Other Tips to keep in mind:
• You can ask for a same-gender officer during physical searches
• You don’t have to unlock your phone or provide passcodes
• Always ask for the officer’s name and badge number
Common Mistakes People Make When Stopped by Police
1. Talking Too Much
Trying to talk your way out of a situation can backfire. Police are trained to notice inconsistencies.
2. Getting Aggressive or Confrontational
It’s natural to feel frustrated — but getting angry can escalate the situation fast.
3. Agreeing to a Search Without Realising the Consequences
Voluntary consent may make it harder to challenge a search later in court.
4. Forgetting They’re Being Recorded
Body cams are always rolling. Don’t joke, speculate, or “clear the air.”
5. Not Calling a Lawyer Immediately
Early legal advice can help avoid charges or protect your rights if arrested. CDA Lawyers is available 24/7, call us for a free 15 minute consultation
What Happens If You’re Arrested After Being Stopped?
If you’re arrested, your legal situation changes quickly. Police must:
• Tell you why you’re being arrested
• Issue a formal caution (“You do not have to say or do anything…”)
• Take you to a police station for processing
You still have rights:
• You can call a lawyer
• You do not need to answer any questions
• You must be treated fairly and lawfully
Want a step-by-step breakdown of what happens after you’re charged?
Need Advice Right Now? CDA Lawyers Is Here 24/7
Being stopped or questioned by police is stressful — but you’re not alone.
CDA Lawyers offers around-the-clock criminal defence support across Sydney. Our team is based in Marrickville, and we’re proud to be known for straight-talking advice, fast response times, and over 35 five-star reviews in under a year.
Get in touch now:
• Free 15-minute consultation
• Urgent police station attendance
• Clear, honest legal guidance
Call CDA Lawyers 24/7 or visit www.cdalawyers.com.au
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