Search and Seizure Protections
Written in plain language for general understanding. This is educational content, not legal advice. Based on Commonwealth Acts of Parliament, federal regulations, and official government guidance.
What is this right?
Part IAA of the Crimes Act 1914 (Cth) governs search and seizure powers for Commonwealth offences. In most cases, police need a search warrant issued by a magistrate or judge before they can search your person, property, or belongings. The warrant must specify what is being searched for and where the search will take place.
To get a warrant, police must show the issuing officer that there are reasonable grounds to suspect that evidence of a Commonwealth offence will be found. The warrant must be executed within the time stated on it (usually 7 days).
There are exceptions where police can search without a warrant: during a lawful arrest (s 3ZE), in an emergency where evidence may be destroyed, or with your voluntary consent. However, consent must be genuinely voluntary — you are not obliged to agree.
If a search is conducted unlawfully, any evidence obtained may be excluded by the court under s 138 of the Evidence Act 1995 (Cth).
When does it apply?
These protections apply when AFP officers or other Commonwealth law enforcement want to search you or your property in connection with a federal offence.
- This covers searches of your home, vehicle, person, bags, and electronic devices.
- It applies to all people in Australia.
- Different rules may apply at airports and borders where customs officers have broader powers under the Customs Act 1901.
What should you do?
- Ask: "Do you have a search warrant?"
- If they have a warrant, ask to read it and note what it authorises.
- Say clearly: "I do not consent to this search" — even if police proceed, stating this preserves your right to challenge the search later.
- Observe and note what police search and what they take — they must provide a receipt for seized items (s 3L).
- Contact a lawyer as soon as possible if you believe the search was unlawful.
What should you NOT do?
- Don't physically obstruct police carrying out a search — even if you believe it is unlawful, challenge it in court.
- Don't say "go ahead" or give casual consent — this may count as voluntary agreement.
- Don't destroy, hide, or tamper with evidence — this is a separate offence under the Criminal Code Act 1995.
- Don't unlock your phone or devices voluntarily without legal advice — speak to a lawyer first about your obligations.
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