Golriz Ghahraman, 1.5g of cocaine, a large Polynesian male and 4 cops walk into a bar…

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This is hilarious…

Exclusive: The Police, the cocaine bust and the racism row
Police had cut through a carpark to avoid nearby traffic lights when they noticed the Mazda Demio.

What happened next would go all the way to the country’s second highest court, lead to accusations of racism and the dismissal of an apparently straightforward drugs charge.

…read the entire fiasco to get a clear picture of the bullshit that transpired, but the case raises bigger questions than the shallow defence of racism here. The ‘ large Polynesian male’ had very clever lawyers in Ghahraman and Pecotic who have raised the spectre of racial profiling as the reason why the four cops in their van stopped the defendant in the first place, that’s smart politics in an environment where Judges and the law are increasingly being bombarded with academic studies showing our Police (and most Police forces) are racist.

The fact that Police Commissioner Mike Bush could admit that NZ cops were racist in 2015 and it not make any ripple in the mainstream media highlights how accepting of that racism our system has become.

The issue here however is not that a large Polynesian man wasn’t co-operative with the Police when they first approached him (which his lawyers immediately translated into racial profiling), the issue is that the NZ cops actually have incredibly invasive powers that desperately need checking for all NZers.

This case matters because it’s about civil rights, not racial profiling. If this had happened to a white NZer it would be equally questionable.

The Police need to have reasonable grounds to suspect you are committing a crime and can’t just start randomly searching you based on bullshit reasons. A cop calling out to you, “Hey, what are you up to?” and you ignoring that cop isn’t a good enough reason to arrest you.

In this case the defendant didn’t bother responding so the Police have used that as their justifiable reason to investigate further. During their ‘investigation’ they have ‘discovered’ a ‘knife’ they see through the car window. The ‘knife’ was a craft knife but the Police interpreted that as a weapon and Police can search you if they believe you have a ‘weapon’. Once they searched the van, they found 1.5g of cocaine which annoys the hell out of me because the bloody cops can stumble across 1.5g of coke yet ‘my guy’ can’t find any!

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So what we have here are cops using their powers in the most underhand and demonstrably absurd ways to discover a tiny amount of cocaine. Sure they found it, but they did so based on faulty reasoning and an abuse of their own powers. Stopping someone brown in a public space isn’t a power the Police have and redefining a craft knife as a weapon to enact a search is ridiculous.

Many reading this story will insist that the Police did no wrong because they did in fact find 1.5g of coke, but that misses all the abuses of power leading up to that find.

We live in a liberal democracy, not a police state, the rules are written to protect the citizens from police abuse of power, it’s not written so the Police can randomly stop and search citizens.

You want Police who respond to crimes, not Police who are just randomly cruising around looking for crimes because that’s when they stop becoming a protection and response unit and transform into a law unto themselves.

If you look at all the great abuses of power by NZ Police, it’s always when they are doing ‘preventive’ policing, i.e. – they are out searching for wrong doing rather than reacting to it. The problem is that your average cop is an arsehole and when left to their own decision making processes always tend to abuse human rights rather than protect them.

What we desperately need here is a civics campaign to actually alert NZers to what their rights are when dealing with the police.

Here’s a basic run down…

1 – You have to give police your name, employment details and your address. You don’t have to give them anything else.

2 – NEVER agree to anything the cop asks or says to you beyond those 3 things.  NEVER agree to a search of your vehicle or person. NEVER! The majority of NZers get into trouble with cops because they acquiesce to police authority. You say, ‘Officer, I am not resisting arrest but I am not acquiescing to your request to search myself, my car or my property. I am wanting it noted in the most clear terms that I have not agreed to this breach of my human rights’.

3 – Always write down their police numbers, and ask the Officer to provide it (if they don’t they always have id numbers on their shoulders).

4 – Demand a lawyer and NEVER, NEVER, NEVER, NEVER tell the cops anything. NOTHING!

It is highly unlikely that NZers have the intellectual flexibility to be able to see a Police force that abuses power is a bad thing when they find coke and that this entire case will quickly degrade into an argument about racial profiling so expect sweet  bugger all to be resolved in the following shit fight about to erupt over this.

7 COMMENTS

  1. Many years ago two young cops turned up at our back door, I cant remember what they were there for but all of a sudden they decided that they had the right to enter and search our house. When asked why they said that they had seen stolen goods. It turned out that they had seen in the toilet that was across from the back door a roll of toilet paper with the word Hospital on it and this was the stolen goods that warranted the forced entry.When the offending dunny roll was finally shown to us it revealed the words Hospital quality. The two plods made a hasty retreat but not before telling us that they will get us back one day.

  2. What no…. you do not have to give plod your name and address unless you have been lawfully arrested. No i.d. no drivers license just tell them your name and address. There are a few exceptions to that police will claim but let’s not get too technical here. The police manual even states one does not have to give your details in a consensual encounter. Suspicious is not reasonable cause you have, are or about to committ a crime; And a crime is a breaking of the law, violations of rules or policy that public servants are prone to are not crimes. Driving infractions or violations are rules one is liable for when you are contracted to obey, having applied and signed for a driving licence.
    This not offered or Intended as legal advise.

  3. my neighbour had the cops turn up to search his place a year ago. he asked for a warrant, they said they didnt need one and 4 of the cops jumped him and cable tied him and dragged him down the cul de sac and laid him in the gutter. they then proceeded to call other cops over and kick the shit out of him while he lay, restrained on the ground. They broke his ribs. I saw it all and filmed it over the fence but didnt get the actual kicking. I reported to police complaints authority and they didnt think that it was outside normal procedure and found no wrong doing. My kids witnessed this. also they found no drugs in the house

  4. You are not required to give police your employment details. And a lot of the time, you are not required to give them your name and address either (although sometimes you are, eg if they want to issue you a ticket, driving stop, etc.)

    • Hi Graeme,

      That’s not my understanding of information is required to be disclosed to the Police. My understanding is that one is required to disclose name, address, occupation (but not where you work), and date of birth.

      • Depends on the law being applied, but eg if a police officer thinks you’ve committed a minor offence, and the Police Officer wants your name to be able to issue a summons, you can be arrested if you don’t provide your name and address. (section 39(2) of the Summary Offences Act)

        If an officer *intends to charge you* they can require your biographical information (name, address, dob) and other identifying particulars (fingerprints, photographs, palm prints and footprints).

        If you’re just on the street, you don’t even have to give them your name.

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