Firstly, we have to understand the meaning of a Police State. Here are some definitions.
Do any of the above definitions sound familiar? One would expect these sorts of unjustified repressive activities would be seen in nations such as the old Soviet Union and the old Iron Curtain nations, China, North Korea and Vietnam. All repressive Police States. But these conditions occur in every state of Australia.
In a typical Police State, police do the following:
So one would expect all those things to happen in a repressive Stalinist or Communist state. But guess what? This sort of repression and curtailment of freedom is seen every day in every Australian state. This nation prides itself on being a democratic, tolerant and free nation, but that is just a piece of cunning brainwashing by the various regimes in charge of the states.
Think about matters from a motorist's perspective. Do motorists actually have the democratic freedoms that they imagine they have, or are motorists a repressed and persecuted group of people who are preyed upon for revenue by state governments acting like Stalinist thugs? This is what state police do and you can determine whether we live in a free democracy or a repressive Police State.
For instance, you can be driving along in a perfectly normal and safe manner, obeying the road rules and minding your own business. All of a sudden, for no apparent reason, police pull you over and not only demand to see your driver licence, but de-facto accuse you of driving under the influence of alcohol. You then are required to prove yourself innocent by taking a breath alcohol test, even when the police have not seen any indication that you were driving erratically as if you were drunk or under the influence of some stupefying drug. This is a very nasty violation of your presumption of innocence, which is a fundamental pillar of our legal system.
You may argue that there is absolutely no cause for police to randomly pull you over and force you to take this test. In fact, by forcing you to take that test under threat of arrest, the police are actually violating your right to silence and your right to refuse to provide anything that may tend to incriminate you. If you refuse to take that breath test, you can be charged with a criminal offence and the police can forcibly take you somewhere and violate your body by extracting a blood sample from you. This is real Police State stuff.
So police can essentially just accost you at random and accuse you of drink driving and then force you to prove that you are innocent of this offence. But when people demand to know why they were accosted at random with no reasonable cause, police always claim that they were just doing their job. Well, most of the Nazi concentration camp commandants and their underlings also said that shoving 6 million Jews into gas ovens and murdering them was just doing their job, but the Nuremburg Trials judges found them guilty and most of them were executed.
Police always argue that they have to try and prevent drunk people from driving. That is fair enough, but is what police do to innocent motorists worth them giving up their freedoms? Benjamin Franklin, one of the Founding Fathers of the USA was quoted as saying: "Those who give up liberty for security deserve neither." So we motorists have allowed the Police State to take our liberty and now settle for police stopping us and dragging us to the side of roads to accuse us of drink driving without any reasonable cause to do so and they force us to take breath tests to prove ourselves innocent.
It is a sad truth that not only do the police act like communist state goons in the way that they accost and detain people and accuse them of being guilty without any reasonable cause, but the courts are also guilty of this sort of repression. For example, people who are charged with traffic offences and defend them in court can be railroaded by magistrates who refuse to follow due process of law and deny those defendants the right to cross-examine witnesses or tender evidence. In fact there are a litany of examples where magistrates have simply refused to take into account that higher laws override state statutes and render the offences unsustainable and those magistrates have convicted defendants in complete abuse of their power.
The proof of this is the number of appeals against the rulings of magistrates that are overturned in appeals in higher courts, but that is not good enough. Magistrates have often been found to not even know the laws under which defendants have been brought to their courts and that is a travesty. Courts even try and penalise defendants in their absence, which is not only against every known principle of Australian law and UN treaties to which Australia is a signatory and is bound to observe, but is a violation of due legal process as required by the Australian Constitution. There are many instances where magistrates simply have refused to abide by the demands of the Constitution and are flagrantly breaking the law themselves.
I am vehemently against anybody driving while under the influence of alcohol or drugs or both. However, how many freedoms do we motorists have to lose in order to deal with such drivers? Why have our legal rights been trampled on, such as the presumption of innocence? We are being spied upon constantly by the federal government and its collection of metadata from our communications. There is even a law that allegedly compels people to reveal passcodes and passwords to their computer systems and this law needs to be defied at all times.
We have state governments operating their speed and red light camera scams that cannot possibly save lives but just rip off motorists. And the most recent scam is the deployment of mobile phone cameras to penalise motorists who drive and talk on their hand-held phones, despite the fact that comprehensive studies have found that there is no correlation between this practice and road accidents or deaths. In other words, state governments have imposed these laws in order to tax motorists at every opportunity.
We are constantly being harassed by police who, without any justifiable cause, pull us over and accuse us of committing crimes and expect us to prove ourselves innocent, in a complete turnaround from our justice system. The violation of the long-held legal principle of the presumption of innocence is an utter disgrace.
We, the people of Australia, have to stand up against these Police State tactics. We live in what is laughingly known as a free country, so we should expect to be treated as free citizens, not be accused without reason of being drunk or drugged up while driving and have to take tests under threat to prove ourselves innocent. We need to stand up to police who violate our rights to be in a public place by illegally using their 'Move Along' laws.
But we need to understand that Australia is moving towards a Stalinist type system where states have enacted laws to allow police to violate most long-held legal freedoms and rights. This has to stop and what we need to do is to elect parliamentary representatives who will overturn any laws that violate our rights.