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Are Police allowed to search me without a warrant?

I am 15. I walked out of a bottle shop the other day and was stopped by police. They asked me for my name and address and asked to check my bag. I gave them the information they asked for and let them search my bag as I had only purchased a bottle of non-alcoholic ginger beer. Afterwards I wondered if I had the right to refuse to answer their questions or allow them to search me.
Asked in Newcastle - Newcastle and Lake Macquarie, NSW, 10-11-2015
1 Lawyer Answered
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  1. Other Criminal Law
Lawyer Answers (1): Answers from lawyers are general preliminary responses. They are not formal legal advice and cannot taken account of all your circumstances. They do not create a lawyer–client relationship.

Answer by Shamaila Khan, Kingsville 3012 VIC

  • Generally the police cannot ask you for your name and address without giving you a reason nor can they search your body or property without your consent.
  • There are exceptions to this rule. If police reasonably suspect you have committed or are about to commit a crime they can demand your name and address and search your vehicle or search you without a warrant.
  • In your particular circumstance as an underage person walking out of a bottle shop the police might reasonably have assumed that you had just illegally purchased alcohol.
  • In this instance they may well have been within their rights to demand your details and search you even if you had not co-operated.

 

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