Searches at private premises

The police usually need a search warrant to enter and search private property.

They don’t need a warrantA document issued by a court directing/ allowing an officer to do something.
For example: a warrant of apprehension (directing that a person be arrested and brought before a court); a warrant of commitment (directing that a person be arrested and imprisoned); a warrant of distress (directing that a person’s goods be seized to satisfy a debt); or a search warrant (directing or allowing a person’s house or workplace to be searched). More if:

• You agree to the police entering
• The police have a reasonable belief that a serious offence will be or has been committed and entry is necessary to make an arrestTo take into custody. More
• Entry is necessary to stop a breach of the peace
• There has been a breach of an intervention orderCourt order restraining a person from harmful or annoying conduct. More
• The police are chasing someone who has escaped from custodyControl; e.g. when arrested and not free to leave; formerly, care and control of a child. More
• The police have a warrantA document issued by a court directing/ allowing an officer to do something.
  For example: a warrant of apprehension (directing that a person be arrested and brought before a court); a warrant of commitment (directing that a person be arrested and imprisoned); a warrant of distress (directing that a person’s goods be seized to satisfy a debt); or a search warrant (directing or allowing a person’s house or workplace to be searched). More for arrestTo take into custody. More
• The police have a reasonable belief that illegal drugs are on the premises

 

To get a search warrantA document issued by a court directing/ allowing an officer to do something.
For example: a warrant of apprehension (directing that a person be arrested and brought before a court); a warrant of commitment (directing that a person be arrested and imprisoned); a warrant of distress (directing that a person’s goods be seized to satisfy a debt); or a search warrant (directing or allowing a person’s house or workplace to be searched). More, police must apply to a magistrate and provide sworn evidenceEvidence given under oath (q.v.). More.

Once they have a warrantA document issued by a court directing/ allowing an officer to do something.
For example: a warrant of apprehension (directing that a person be arrested and brought before a court); a warrant of commitment (directing that a person be arrested and imprisoned); a warrant of distress (directing that a person’s goods be seized to satisfy a debt); or a search warrant (directing or allowing a person’s house or workplace to be searched). More, police are only authorised to search a particular premises for specified items.

There will also be an expiry date on the warrantA document issued by a court directing/ allowing an officer to do something.
For example: a warrant of apprehension (directing that a person be arrested and brought before a court); a warrant of commitment (directing that a person be arrested and imprisoned); a warrant of distress (directing that a person’s goods be seized to satisfy a debt); or a search warrant (directing or allowing a person’s house or workplace to be searched). More. The police must serve an adult occupier of the house with a copy of the warrantA document issued by a court directing/ allowing an officer to do something.
For example: a warrant of apprehension (directing that a person be arrested and brought before a court); a warrant of commitment (directing that a person be arrested and imprisoned); a warrant of distress (directing that a person’s goods be seized to satisfy a debt); or a search warrant (directing or allowing a person’s house or workplace to be searched). More.

Police cannot legally, for example, come to your house with a warrantA document issued by a court directing/ allowing an officer to do something.
For example: a warrant of apprehension (directing that a person be arrested and brought before a court); a warrant of commitment (directing that a person be arrested and imprisoned); a warrant of distress (directing that a person’s goods be seized to satisfy a debt); or a search warrant (directing or allowing a person’s house or workplace to be searched). More for stolen electrical goods, and then attempt to take your address book.

However if they find illegal things or evidence of an offence (for instance a marijuana plant) they can take that and arrestTo take into custody. More you.

See also Surveillance of Activists and What if ASIO visit