What would you do if the police requested to search your vehicle? Depending on the circumstances, they generally don’t have authority to do this without a warrant or reasonable grounds. So, when can an officer search your car without a warrant? In this article we’ll cover a few scenarios as well as what to do if an officer asks to search your car without one.
What is a search warrant?
Police usually don’t have the power to search private premises, so they will get a warrant to do so. This is a legal document that gives police permission to search a person, car, or private dwelling. A warrant is generally issued by a court; however, Justices of the Peace may also have the power to issue a search warrant. This could happen in a situation where the court is not open and the police need to complete an urgent search.
When can police search my car without a warrant?
In Queensland, if police don’t have a warrant and the driver/owner doesn’t give permission, they can only perform a search if they have reasonable suspicion of illegal activity. For example, if they suspect your car contains weapons, stolen property, illegal drugs, evidence of a serious offence, protected species, or graffiti instruments. The police can also search a car if they reasonably suspect someone in it is part of a criminal organisation or the vehicle is being used illegally (e.g. it is stolen).
You have a right to not give consent if the police don’t have a warrant, however you cannot physically obstruct them. In the event where a warrant is not provided, state clearly that you do not give permission. If there are any witnesses present that hear you state this, write down their information in case you need it for court proceedings further down the track.
If the police conduct a search without a warrant and do not have the legal right to do so (and if you did not consent to the search), the court may dismiss any evidence uncovered during this search. In situations like this, it’s important to get legal advice so that you know your rights and get a fair result.
Even if an officer has a warrant, you still have the right to be treated fairly. During a search, police are obligated to cause minimal embarrassment, conduct more thorough searches of your person away from the public, and have an officer of the same sex conduct the search. If you feel you have been treated poorly or unfairly, seek advice from a trusted lawyer.
Can police take my property during a search?
There are a range of reasons police may take your property during a search. For example, if you have illegal drugs, stolen property, unlicensed weapons, or something else that is illegal or could be evidence of an offence. They will seize these items as evidence while they investigate a case or charge someone with an offence. You will get a receipt from the police detailing the property they have taken.
Provided the confiscated property is not illegal and it isn’t being used as evidence, after 30 days you can write to the police commissioner requesting your property is returned to you.
When can you refuse entry?
It is important to never obstruct police as you may commit an offence. Instead, if the police don’t have a legal right to search your car or home, you can say no. You should state clearly and as calmly as possible that you do not give permission for them to search your property. This can be used as evidence later if the police are recording your interaction.
Can the police go through my phone or computer?
If police have a warrant issued by a Magistrate or Judge, then it is a requirement to provide your pin to allow access. By refusing to give access to your phone or computer in this scenario, you may commit an offence.
However, in some situations you may request to speak to your lawyer first. For example, if you have been communicating with your lawyer on these devices, this information may be considered legally privileged. Or if they don’t have a warrant, you can refuse to provide your pin.
What do I do if I think the search was completed unlawfully?
Unless you work in law enforcement, it can be challenging to figure out if a search was completed in line with the appropriate processes. Your lawyer can look at searches without a warrant to see if this was done lawfully. Proving this can have a major impact on the outcome of court proceedings if you are being charged with an offence.
We’ve worked with a range of clients in different situations to identify whether an unlawful search should be addressed in police prosecutions or determined by a Magistrate or Judge. This can become a key piece of evidence in the case we build on your behalf.
If your car or property has been searched by police and you are being charged with something, speak to a lawyer as soon as possible. Getting advice early and making sure all appropriate procedures have been followed is critical for achieving the best outcome for your case. Contact our team for a free consultation where we will talk through your options and the best path forward.