Lawlink NSW: Searches

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Searches

Police base their searches on "reasonable suspicion".

If police want to search you:

find out why they do

get their name or badge number and station.

Police should tell you why they want to search you. If they don't, make sure you ask. If you ask for their name, badge number and station, they must give them to you.

Police can stop, search and detain you if they believe you are carrying:

stolen or illegally obtained items;

things police believe may be used illegally such as tools for theft; or

drugs, knives or weapons.

Searches for drugs, stolen items, other things obtained illegally, or things police believe may be used for crime.

Police can pat you down, look in your pockets and bags and search your car.

Police are not allowed to strip search you in public.

If you refuse to be searched, the police may arrest you and use force to search you. Ask for someone to be present during the search.

It helps if there is someone around to witness your contact with the police. If police use excessive force in searching you, the witness will be able to tell what happened.

Searches for knives and weapons

Police can use a metal detector, pat you down and look in your pockets and bags. It is illegal for them to ask you to take your clothes off except for outer clothing.

Police must:

show you their police ID if they are not in uniform;

give their name and station;

tell you why they are searching you;

warn you that if you don't let them search, you'll be committing an offence.

If the police don't do all these things, the search is an illegal search. You can make a complaint.

If you refuse to be searched after you've been asked twice, you can be fined or ordered to appear at court. It is more than likely police will search you anyway. If you refuse, police may use force in searching you.

It helps if there is someone around to witness your contact with the police. If police use excessive force in searching you, the witness will be able to tell what happened.

Strip searches

Strip searches are a major invasion of your privacy.

Police can strip search you after you are arrested if they have reason to suspect:

you are hiding important evidence of a crime;

you are hiding something dangerous; or

you are hiding drugs or weapons.

Police should tell you why you are being strip searched. When police conduct a strip search, they can ask you to take off all your clothes. If you are female you should be searched by a female officer. If you are male you should be searched by a male officer.

Police are not allowed to touch your body during a search. Police are not allowed to search inside your body. If this happens, you should make a complaint. straight away.

Call our HotLine on 1800 10 18 10.

You should be strip searched in a private place.

Let your lawyer know about any strip searches. If you don't have a lawyer contact our HotLine on 1800 10 18 10.. Remember - a strip search is an invasion of your privacy. It is a power which police must exercise very carefully and responsibly. If you believe you have been strip searched inappropriately, make a complaint. immediately.

Get Street Smart - main menu | Your rights in public places | What if the police approach me? | What if they ask for ID? | Police questioning and interviews | Searches: drugs; weapons; strip searches | Security guards | How to make a complaint | Contacts

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The information contained on this page is not legal advice. If you have a legal problem you should talk to a lawyer before making a decision about what to do. The information on this page is written for people resident in, or affected by, the laws of New South Wales, Australia only.

most recently updated 2 February 2000

	Searches Police base their searches on "reasonable suspicion". If police want to search you: find out why they do get their name or badge number and station. Police should tell you why they want to search you. If they don't, make sure you ask. If you ask for their name, badge number and station, they must give them to you. Police can stop, search and detain you if they believe you are carrying: stolen or illegally obtained items; things police believe may be used illegally such as tools for theft; or drugs, knives or weapons.
	Searches for drugs, stolen items, other things obtained illegally, or things police believe may be used for crime. Police can pat you down, look in your pockets and bags and search your car. Police are not allowed to strip search you in public. If you refuse to be searched, the police may arrest you and use force to search you. Ask for someone to be present during the search. It helps if there is someone around to witness your contact with the police. If police use excessive force in searching you, the witness will be able to tell what happened.
	Searches for knives and weapons Police can use a metal detector, pat you down and look in your pockets and bags. It is illegal for them to ask you to take your clothes off except for outer clothing. Police must: show you their police ID if they are not in uniform; give their name and station; tell you why they are searching you; warn you that if you don't let them search, you'll be committing an offence. If the police don't do all these things, the search is an illegal search. You can make a complaint. If you refuse to be searched after you've been asked twice, you can be fined or ordered to appear at court. It is more than likely police will search you anyway. If you refuse, police may use force in searching you. It helps if there is someone around to witness your contact with the police. If police use excessive force in searching you, the witness will be able to tell what happened.
	Strip searches Strip searches are a major invasion of your privacy. Police can strip search you after you are arrested if they have reason to suspect: you are hiding important evidence of a crime; you are hiding something dangerous; or you are hiding drugs or weapons. Police should tell you why you are being strip searched. When police conduct a strip search, they can ask you to take off all your clothes. If you are female you should be searched by a female officer. If you are male you should be searched by a male officer. Police are not allowed to touch your body during a search. Police are not allowed to search inside your body. If this happens, you should make a complaint. straight away. Call our HotLine on 1800 10 18 10. You should be strip searched in a private place. Let your lawyer know about any strip searches. If you don't have a lawyer contact our HotLine on 1800 10 18 10.. Remember - a strip search is an invasion of your privacy. It is a power which police must exercise very carefully and responsibly. If you believe you have been strip searched inappropriately, make a complaint. immediately.
	Get Street Smart - main menu \| Your rights in public places \| What if the police approach me? \| What if they ask for ID? \| Police questioning and interviews \| Searches: drugs; weapons; strip searches \| Security guards \| How to make a complaint \| Contacts