Searches
When can police stop and search you?
- When you give them permission (or 'consent'). They may assume your consent if you do not object.
- When they have a search warrant.
- Police can also stop and search you if they suspect on reasonable grounds that you are carrying or possess stolen or illegally obtained goods or an object that may be used for an illegal purpose (knives, weapons, prohibited drugs) or in relation to an offence.
- If you are under arrest or police custody.
If you are in a situation where the law gives the police power to search you, it may be an offence to refuse.
What must the police do before and during a search?
- The police must provide evidence that they are a police officer (unless they are in uniform), their name, badge number and station of duty.
- Police must also warn you that if you don't let them search you, you will be committing an offence.
- The police must tell you why they want to search you. It is your right to ask for this information.
- If you refuse to be searched, the police may arrest you and use reasonable force to search you – they are not allowed to use excessive force.
How can the police conduct a search on you or your property?
In the course of a search, the police may seize any evidence that they reasonably suspect might be concealed, lost or destroyed if the circumstances are serious and urgent.
A police officer can only search your personal property if:
- you consent (agree)
- you have been arrested
- police 'reasonably' suspect you have something stolen or illegally obtained
- police 'reasonably' suspect you have a knife or other weapon
- police 'reasonably' suspect there are illegal drugs on you or in your car.
A search is generally required to be conducted by a police officer of the same sex as the person being searched.
You may not be detained any longer than is reasonable and necessary to conduct the search.
It is within police powers to give you an 'on the spot' warning or fine for a relevant offence (such as trespassing, offensive language or carrying a knife).
If you are given an official warning, your name may be recorded but this does not form part of a criminal record.
Thanks to the team at Lawstuff for developing this fact sheet.
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