In certain situations, police have the right to conduct such a search, even if they don’t have a warrant to do so.
If a police officer makes a request to search your person or your property, you’re entitled to refuse to consent to the search. It’s advisable in most circumstances, however, to cooperate with all other instructions given to avoid the possibility of being charged with obstruction of police. If you don’t consent to a search of your person or your property, police must decide (and later be able to prove how they arrived at that decision) whether they have reasonable suspicion to conduct the search anyway.
The Police are not allowed to search you without a warrant unless they hold a ‘reasonable suspicion’. Reasonable suspicion means an officer suspects evidence of an offence ‘on grounds that are reasonable in the circumstances. The suspicion does not need to be correct, only reasonable.
There are other situations in which police searches may be conducted without a warrant, such as to prevent crime, ensure public safety, and enforce the law, including where people reasonably suspect that a person is carrying a dangerous weapon or are in possession of illegal drugs.
Searches of a Person
It’s important to emphasize that you don’t need to consent to a personal search and that if police proceed without a lawful reason, a Court may eventually rule that evidence found in the search is inadmissible. If you don’t consent to a search, state this clearly to the requesting police officer and make a note of any witnesses to the conversation.
A personal search by police – running hands over a person’s outer garments, patting them down for concealed items or searching bags – must also be conducted within the limits set out in legislation. This stipulates that searches must be conducted in a manner which respects the dignity of a person, causes minimal embarrassment, and occurs away from public view, if possible. A person may also request that a search be conducted by an officer of the same sex. Strip searches can only be conducted in more limited circumstances and police are not permitted to touch private areas.
A police officer can stop and search you, without a warrant, if they reasonably suspect that you may have:
- a weapon;
- a dangerous drug;
- stolen property;
- tools to break into houses or cars;
- something that you plan to use to hurt yourself or somebody else;
- evidence that someone has committed an indictable offence (this evidence may be hidden or destroyed);
- or that you are a participant in a criminal organization.
Searches of Property and Cars
Like personal searches, police can search private property without a warrant if the owner or occupier voluntarily gives their consent. It’s essential to remember that you have the right to refuse such a search unless the police have other legal grounds to conduct it, including:
- to prevent domestic violence;
- to investigate traffic offences (e.g., to take a breath test for alcohol);
- to catch someone who has escaped from prison, or avoided being arrested;
- to search for evidence if they reasonably suspect there is evidence that may otherwise be hidden or destroyed;
- to arrest someone;
- to reach a crime scene;
- to hand over or serve a legal document.
These reasons include entering the property to shut down an ‘out-of-control event’ or to otherwise identify the offender during this out-of-control-event.
Police may also stop, search and detain a vehicle without a warrant providing they reasonably suspect there is something inside the vehicle which might be connected to a criminal offence, including:
- a weapon;
- a dangerous drug;
- stolen property;
- tools used to break into houses or cars;
- something that you plan to use to hurt yourself or somebody else;
- evidence that someone has committed an indictable offence (and this evidence may be hidden or destroyed), or;
- to arrest someone in the vehicle;
- if officers reasonably suspect the vehicle is being used unlawfully;
- if officers reasonably suspect that the vehicle is being used by – or is in the possession of – a participant in a criminal organization
A police officer may also confiscate property as evidence during a search, however a receipt must be provided. The property should be returned as early as possible and mustn’t be detained for longer than 30 days without a court order to the contrary.
The Importance of Legal Advice
Police searches without a warrant rely on the difficult-to-define concept of reasonable suspicion, meaning facts sufficient to prompt suspicion in the mind of a reasonable person. If you would like advice specific to your circumstances, call our criminal team at PD Law for more information today.
