POLICE
POWERS
- Your rights when dealing with police in NSW -
What if police want to search me?
LISTEN UP: If police want to seach you,
say no, then let them search you.
Could I get in trouble?
You can say no to a police search. However, if you refuse,
police may use force in searching you. If you refuse twice,
If Police say they are going to search you, ask
you may be fined and you may have to go to court.
them why they want to search you.
Say, why do you want to search me?
What are the police allowed to do?
They have to tell you this.
Police can search you if they have a suspicion.
•
Ask Police for their name and their station.
Say, what is your name and your station?
If police think you might have stolen something,
they can search you.
•
They have to tell you this.
If police think you might have something on you that
was stolen or gotten unlawfully, they can search you.
•
If police think you might have something on you
Say, I do not want you to search me or my things.
that could be used in a crime, they can search you.
I do not consent to being searched.
This might be a knife, or a tool, or a weapon.
•
The Police may still search you or your your things,
even though you said No.
If police think you might have something on you
which is dangerous, they can search you.
•
If police think you might have drugs on you,
they can search you.
If Police start searching you or your things, let them.
Don’t try and stop them. Don’t say anything more.
What do you do?
If police want to seach you, say no, then let them search you.
Police can search you if you haven’t beeen arrested.
How will police search me?
Police can search you if you are arrested, and again
later at the police station.
Frisk Search
Police may ask you to take off your outer clothes, like
Police can search you in a public place. They can
a coat, jacket, scarf, beannie or gloves. Police may pat
search you in the street, or in park or a shopping centre.
you down and look in your pockets. Police may ask you
They can also search you or your things at school,
to open your mouth. Police may ask you to lift your
or in your home.
hair. Police may search your bags. Police may search
your car. Police may also use a metal detector over your
Police are not allowed to strip search you in public.
body. If you’re a school student, police may search your
Police can only strip search you after you have
school locker.
been arrested.
Strip Search
If police search you and find something, they can seize it.
Police can only strip search you after you have been
arrested. Police are not allowed to strip search you in
I think the search was wrong
public. They should strip search you in a private place.
If you were stopped and searched just because of
Police should tell you why you are being strip searched.
your race or religious background, or you think a strip
When police conduct a strip search, they can ask you to
search was wrong, or you were touched by police,
take off all your clothes. If you are female you should be
you should make a complaint straight away.
searched by a female officer. If you are male you should
be searched by a male officer. Police are not allowed to
Ring the ALS or make a complaint to a more senior
touch your body during a search. They use their eyes
police officer. If you have think you shouldn’t have
only. Police are not allowed to search inside your body.
been searched, please contact ALS.
They can ask you to bend over. They can only use their
eyes.
How can I stay out of trouble?
Don’t carry drugs, weapons, tools or stolen goods
in public places. If you’re searched, the police won’t
find anything.
If you would like more information
Phone ALS 1800 765 767 or 8303 6600
Email [email protected]
www.alsnswact.org.au
Don’t carry a lot of money in your pocket. If you’re
carrying a lot of money, police may say it’s stolen money,
or money that you got from a crime. They may seize it
and arrest you.
This publication is intended as a general guide to the law.
It should not be relied on as legal advice. We recommended
you talk to an ALS lawyer if you have a particular situation.
Oct 2015