Legal Tips

Police Searches 2021

2021 5 min read

When can police search you, your vehicle or your property? This guide outlines the legal powers of police to conduct searches and your rights in those situations.

Police in NSW have specific powers to search persons, vehicles, and premises under the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) (LEPRA). Understanding when these powers can be exercised — and your rights — is important.

Search of Persons

Police may search a person without a warrant if they have reasonable grounds to suspect the person is carrying:

  • A dangerous weapon
  • Stolen goods
  • Anything used or intended to be used in a serious indictable offence
  • Prohibited drugs

Search of Vehicles

Police may search a vehicle without a warrant in similar circumstances to a search of a person. They may also search a vehicle if they reasonably suspect it contains a person who has committed an offence.

Search of Premises

Police generally require a search warrant to enter and search premises. A warrant must be issued by a magistrate or authorised justice and must specify the premises to be searched and the purpose of the search.

Police may enter premises without a warrant in limited circumstances — for example, in an emergency, to prevent imminent harm, or in hot pursuit of a person.

Your Rights During a Search

  • Ask the officer to identify themselves and state the reason for the search
  • You do not have to consent to a search — but if police have lawful authority, they can search without your consent
  • You have the right to have a support person present during a strip search (except in urgent circumstances)
  • Note the officer's name and badge number

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