Agostino & Co

Police can search you without your consent if they have good reason to believe you have:

• prohibited drugs
• something stolen or unlawfully obtained (e.g. money from the sale of drugs)
• something that was, or might be, used in a serious crime (e.g. a crowbar to break into a house)
• knives, weapons or other “dangerous implements”.

Police can also apply for warrants to search houses, and can sometimes search vehicles.

If in doubt, politely say:

“If I have a choice, I don’t want to be searched, but I will cooperate if I have to” or “If I have a choice, I don’t want you to come into my home, but I will cooperate if I have to”.

If you are searched you should cooperate.

If Police are going to search you, they should:

• tell you why they are searching you, and the name and station of the person searching you
• usually get a person of the same sex as you to do the search, and
• they should not make you remove any clothing (except outer clothing, like a jacket) unless they have good reason to suspect that it is necesary and urgent, so that they have to strip search you.
• they can ask you to shake your hair and open your mouth
• If they do a strip search, you are entitled to as much privacy as police can give you in the circumstances.
• Police can search you again at the Police station if you are arrested.

For further advice feel free to call Roy Marando on 0419701970