Search powers

In a designated area a police officer/PSO:

• can stop and search you, your things, or your vehicle for weapons;
• can search you without a warrantA document issued by a court directing an officer to take certain action. May be: 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 warrant of seizure and sale of real estate. or a reasonable belief that you are carrying a weapon;
• can detain you or your vehicle for as long as is reasonably necessary to conduct the search.
• can search any vehicle if there is a person on or in the vehicle
• must conduct the least invasive search possible in the circumstances. (sections 10G and 10H CW Act).

Before a search:

• Police must give you a search notice;
• If asked, the police officer must tell you their name, rank and station;
• If asked, they must write this down; and
• If they are not in uniform they must produce their identification (section 10I CW Act).

After a search, a police officer can take any item they reasonably suspect is a weapon. If they later decide it is not a weapon, they must return it (section 10J). They can also take anything they find that is illegal – like illegal drugs.

Protective Service Officers (PSOs) have the same powers and responsibilities as police to conduct searches in designated areas – BUT, PSOs are only able to conduct searches if police are also conducting searches in the designated area. (section 10GA CW Act).

It is an offence to obstruct or hinder a police officer/PSO carrying out a search. (section 10L CW Act).