Can Police search your house without a warrant?
Generally police cannot enter your home without a warrant. In fact, when a police officer knocks on your door, you have every right to tell them to get off your land.
When can police search your house without a warrant?
• with your consent; It is very important that you know your rights. DO NOT simply allow a police officer into your home because you think you have to and are scared of them.
• if the officer has a search warrant (properly issued and properly detailed);
• if the officer has an anti-terrorism preventative detention order to execute;
• in urgent circumstances (such as where a person has been seriously injured or is about to be harmed inside the home),
Police may enter premises if they believe on reasonable grounds that a breach of the peace is being or is likely to be committed and it is necessary to enter to stop it. Police are also allowed to enter to prevent injury to a person. Police can remain on the premises only as long as reasonably necessary to prevent or stop the breach of the peace.
• to investigate a case or to serve documents; and/or
• to arrest or to detain someone who is there – though the police
must have a reasonable suspicion to justify this action.
Notice of warrant:
If the police tell you that they have a warrant that justifies their entry to your home, you should insist on seeing it. Police are required to
give you a copy of the warrant before the searching takes place.
What to do if you do not want to let police into your home:
If you do not wish to allow a police officer to enter your home, you should be very clear that:
• you are not inviting the officer in;
• you are not consenting to the entry;
• you are not consenting to the police officers remaining on any part of your land or property.
Make sure that you record what happens on your phone! Also if you get the opportunity, send the video to someone you trust, as there is a chance that if the Police have done something outside of their power, you may need another copy of the video somewhere.
As always, it is important that you call a criminal defence lawyer immediately if the Police knock on your door.
If you have been charged with an offence, call one of our experienced solicitors at LY Lawyers on 1300 595 299 for a free consultation.