Police searches without a warrant

In some situations, police can search you or your vehicle or home without a warrant.

You don’t have to consent to a police search but, in some cases, police can search without your consent.

When you need legal advice

Get legal advice if you:

  • had property taken by police during a search and it hasn’t been returned when you think it should have been
  • have been charged with an offence and must go to court.

How to get legal advice

Consenting to a police search

You don’t have to agree to a police search. In some situations, police may have the power to search you, your home or vehicle without your consent.

If police ask if you consent (agree) to a search, you can say ‘no.’ It’s usually best to say ‘no’ to a search, but you should obey the directions of the police, otherwise you may be charged with obstructing police.

If you say ‘no’, the police will have to decide whether they have the power to search without a warrant or whether they will have to get a warrant.

In some public places, a police officer can stop and search you using a handheld scanner. Police do not need a warrant, reason or your consent to stop and search you with a handheld scanner. 

Searching private property

Police can enter and search your home without a warrant to:

  • prevent domestic violence
  • investigate traffic offences (e.g. to take a breath test for alcohol)
  • catch someone who has escaped from prison
  • search for evidence if they reasonably suspect there is evidence that may otherwise be hidden or destroyed
  • arrest someone
  • reach a crime scene.

A police officer can also enter your home without a warrant to shut down or prevent an out-of-control event or to identify a person who is committing an offence in relation to an out-of-control event.

Searching vehicles

A police officer can stop, detain and search a vehicle and its occupants if they reasonably suspect there is something in the vehicle, including:

  • a weapon
  • a dangerous drug
  • stolen property
  • tools to break into houses or cars
  • something you plan to use to hurt yourself or somebody else
  • evidence someone has committed an indictable offence (and this evidence may be hidden or destroyed).

A police officer can also stop, detain and search a vehicle:

  • to arrest someone in the vehicle
  • if they reasonably suspect the vehicle is being used unlawfully
  • if they reasonably suspect the vehicle is being used by, or is in the possession of, a participant in a criminal organisation.

If it’s not practical to search the vehicle where it’s been stopped, police can take it somewhere else to complete their search.

A police officer can also stop your vehicle in relation to an out-of-control event.

Searching a person

A police officer can stop and search you if they reasonably suspect you may have:

  • a weapon
  • a dangerous drug
  • stolen property
  • tools to break into houses or cars
  • something you plan to use to hurt yourself or somebody else
  • evidence someone has committed an indictable offence (and this evidence may be hidden or destroyed)

A police officer can also stop and search you if they reasonably suspect you are a participant in a criminal organisation.

The police must follow certain rules when they search you, including:

  • respecting your dignity
  • ensuring any personal search only causes minimal embarrassment
  • limiting any public search to a frisk search, if possible
  • conducting any more thorough search away from public view, if possible
  • having a police officer of the same sex carry out the search, unless an immediate search is required.

Property taken by police

The police can take your property as evidence during a search. They can also take items or photos of anything they suspect is evidence of an offence having been committed.

If your property is taken, police must give you a receipt for those items as soon as possible. They should return your property when it’s no longer needed as evidence and it’s lawful to return it (e.g. they won’t return illegal drugs taken as evidence). They can’t keep your property for more than 30 days, unless they get a court order.

Where possible, the police should try to reduce the need to keep your property (e.g. by taking photos of the property for evidence instead).

Police may also keep your property if it’s inappropriate to return it. For example, if the property is of minimal value, such as carpet fibres. If your property isn’t returned when you think it should be, you can make a complaint.

How to get legal advice 

We can’t provide a lawyer to attend a police interview with you.

We may give legal advice on police searches without a warrant.

Contact us

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Disclaimer: This content is for general purposes only and not legal advice. If you have a legal problem, please contact us or speak to a lawyer. View our full disclaimer.

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