Drugs
6. Powers of Search & Seizure
Firm / Chambers:
Last updated: 21 Jul 2015
- Police have the power to search your person and your property. They also have the power to seize articles such as drugs or drug paraphernalia as evidence.
- In all states and territories there are search procedures with which police must comply.
- There are rules governing:
- personal searches;
- searches of property; and
- searches of vehicles.
- A lawyer can advise whether any police search warrants existed and were validly executed.
- If police want to search you without a warrant you should ask if you are under arrest. If you are not under arrest you do not have to consent to being searched.
- If police insist on going ahead with the search you should not resist in case you wind up being charged with resisting or hindering police.
- An illegal search by police can result in the police being charged with assault or trespass and anything found during the illegal search being excluded from evidence against you.
- If you are arrested the police have the right to search you.
- Sometimes police use a general search warrant and therefore need a reasonable cause to suspect an offence has taken place. Your lawyer can check whether police had reasonable cause to suspect an offence had taken place.
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