Can the police search my house?
Police are required to obtain a search warrant in order to search your house. If the police ever ask to enter your premises, you should always ask for a copy of the warrant first and read it carefully.
If the police do not have a search warrant, the only way they can lawfully enter your premises is if:
• you invite them in/by consent;
• they reasonably suspect that they will find someone who has either escaped custody, or that they will find someone inside who as committed a serious indictable offence and they need to enter in order to arrest them;
• they have a warrant to arrest someone who is on the premises.
• someone on the premises has breached an intervention order or family violence safety notice, or in other certain circumstances relating to family violence;
• to stop a breach of the peace – such as a fight or brawl.
Can the police search me or my car?
The police do not need a search warrant to search you or your car if they reasonably suspect that you are carrying illegal drugs, weapons or stolen goods, to preserve evidence or if you are in a ‘designated area’.
Before searching you or your vehicle on the basis that you are in a ‘designated area,’ the police are required to give you a notice saying that the area you are in has been declared a ‘designated area,’ that they have the power to search, and if you stop the police from searching you or your vehicle you will be committing an offence.
You should always:
• Ask the police their reason for wanting to search you – even if they have a search warrant. The police must tell you their reason.
• Ask the police officer for a copy of their written record taken while they performed the search. You are entitled to a copy of this written record, including the property receipt for any property they have seized.
If you require further advice, contact our legal team today!